porteous sheila the 19 acts cyc 250

21
CLICK HERE for the list of 19 Humans Service Acts Do you wonder... Why Acts are important? How Acts benefit society? What powers Acts have? What an Act is?? ... then you are in the right place. There are 19 Acts related to human services that may influence your life at any time. Did 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 pictures on each page to see the Acts in action! 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. Human services refer to organizations that provide direct people related services to individuals, groups or communities. If you don’t know anything about how the legal system in BC works, here is a great website with a video to get you started! This website will teach you what words like Provincial Court, Family Court, and Supreme Court refer to. If you are really confused sometimes it is best to get some help. The following pages have links that direct you to places websites or agencies that can help you.

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Page 1: Porteous Sheila the 19 Acts CYC 250

CLICK HERE for the list of

19 Humans Service Acts

Do you wonder...

Why Acts are important?

How Acts benefit society?

What powers Acts have?

What an Act is??

... then you are in the right place.

There are 19 Acts related to human services that may influence your life at any time. Did 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 pictures on each page to see the

Acts in action!

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.

Human services refer to

organizations that provide direct

people related services to

individuals, groups or

communities.

If you don’t know anything about how the legal system in BC works,

here is a great website with a video to get you started! This website will teach you what words like Provincial Court,

Family Court, and Supreme Court refer to.

If you are really confused sometimes it is best to get

some help. The following pages have links that direct

you to places websites or agencies that can help you.

Page 2: Porteous Sheila the 19 Acts CYC 250

19 Humans Service Acts

1. Family Relations Act

2. Divorce Act

3. Marriage Act

4. Freedom of information and Protection of Privacy Act

5. Residential Tenancy Act

6. Community Living Authority Act

7. Employment and Assistance Act

8. Representative for Children and Youth Act

9. Charter of Rights and Freedoms

10. UN Convention of the Rights of the Child

11. Adoption Act

12. Hague Convention on Adoption of Children

13. Safe Streets Act

14. Mental Health Act

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

Curious yet?

Just plain confused?

That’s OK! Here is the list of the Acts that are related

to Human Services. These are not all of the Acts in Canada,

or even in B.C.

You can click on each Act to find out what it is all about.

Don’t forget to click on the pictures to see the Acts in action!

Page 3: Porteous Sheila the 19 Acts CYC 250

Family Relations Act

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. You may hear this being called Family Court. Property division issues under the Family Relations Act are heard by the Supreme Court of British Columbia. If you missed the link to learn about the courts, click here. An important part of this Act is that it offers the option of settling arguments with the help of the legal system. This ensures stability for children and the parents in the long run. Children’s rights are always paramount when dealing with separation issues. Sadly it can take a year or longer to settle disputes through the court system! It is also an expensive way to solve problems. Settlements go smoother if they are worked out between the people involved or with the help of mediators. With the Divorce Act being covered in the Federal courts, individuals may end up with cases in more than one court system. Finding community supports can help someone work through this process. Here are some websites that can help you if you or someone you know needs help with the Family Relations Act. Just click the pics.

Click here to go back to the Law Index

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 to stay close to the dad too.

What do you think?

Statute is a rule or a law.

Custody means which parent(s) has decision-making authority in regards

to a child.

A guardian is a person who has the legal duty to care for someone.

Sometimes this is a social worker.

Access refers to the legal rights or permission that someone has to

something or someone else.

Child support is money that is paid from one parent to another that helps

children get their needs met.

Restraining orders are legal orders that are issued when a court believes

one person may cause injury to another person and/or to members of

the family.

Disposition means the final settlement of a matter. Assets are 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

may solve their problems.

Page 4: Porteous Sheila the 19 Acts CYC 250

Divorce Act

The Divorce Act is legislated across Canada by the Federal Government. This Act has the power to legally end a marriage. The breakdown of a relationship can happen for lots of reasons. Sometimes people hurt other people and often people are just not happy together anymore. The Divorce Act will help sort out the legal details like spousal support and child support too. The benefit of this Act is that people who are not getting along do not need to take care of the details by themselves. Getting 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 they are thinking of getting a divorce. The Transition House link will help you understand what they are and what they do, just in case you or anyone you love is afraid of being hurt. Just click the pics.

Click here to go back to the Law Index

Island Family Counselling

Center

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 BC. Many of them are free too!

Avril Lavigine, a famous Canadian

singer, filed for divorce this year. She used the legal term irreconcilable differences as the reason for her

divorce. This basically means that a marriage is at the point where at least

one person feels like the problems can’t be fixed.

Can you think of any problems you could not fix? What helped? Click the

pic.

Legislation is another word that refers to laws. It refers to the actual

process of making the laws.

Federal Government is the 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

facts are presented, the case is being ‘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.

Page 5: Porteous Sheila the 19 Acts CYC 250

Marriage Act

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 married. Marriage comes with legal rights, benefits and obligations for both people. Plus it protects people who may be too young or vulnerable to get married. On July 20, 2005, Canada became the fourth country in the world to legalize same-sex marriage across the country! While you may or may not agree with this decision, not allowing people to get married was determined to be unconstitutional by the Supreme Court of Canada. This means that people’s rights come before people’s opinions in Canada. Getting married may not be as easy as you think. Yes, it is another legal process that can be confusing because there are rules that you may not know or understand. Here are some websites to help guide you on your way. (At this point you may want to run away too.)

Click here to go back to the Law Index

How to get married in BC

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

commissioners in Victoria, just in case you are ready for this legal process.

Click the pic.

A Registered religious representative is a person who belongs to and

represents a religious organization like a minister or a priest.

Marriage commissioners are people who are officially empowered by law

to perform civil marriages and civil unions in Canada.

A guardian is a person who has the

legal duty to care for someone. Sometimes this is a social worker.

Same-sex marriage defines two

people of the same sex who choose to live together as a family.

Same sex marriage

information

Page 6: Porteous Sheila the 19 Acts CYC 250

Freedom of information and

Protection of Privacy Act

The Freedom of Information and Protection of Privacy Act (from now on we’ll just write FOIPPA) allows individuals to access information held by public bodies and determines how public bodies may collect, use and disclose personal information. FOIPPA protects your information and privacy rights in B.C. Many provincial government ministries and other public bodies or organizations have information about you. Public bodies include provincial government ministries, local municipalities, schools and school boards, hospitals and health authorities, local police forces, colleges and universities, and self-governing 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. 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 whether the information you want is provincial or federal. Sometimes having this kind of information can really help you understand why people make the choices they do.

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

- request the correction of your personal information

- ensure that your personal information is collected, used,

disclosed according to legal standards

- ask for a review to investigate decisions by public bodies about

privacy or access to records

The Office of the Information and Privacy Commissioner is independent

from government and monitors and enforces British Columbia's Freedom

of Information and Protection of Privacy Act.

Get your official Freedom of Information Request form here!

Lately this Act has generated a lot of interest. People want to know things,

especially about the government. How is the government doing? Read

some news stories and decide for yourself.

FOI failures hurt the public

Province ignoring FOI rules

Freedom of Information a

Contradiction in Terms

This organization advocates for open governments and has lots of

information to help guide you through this process

Here is the government’s Freedom of Information

webpage

Page 7: Porteous Sheila the 19 Acts CYC 250

Residential Tenancy Act

The Residential Tenancy Act provides landlords and tenants with information and dispute resolution services for people in BC. This Act outlines the responsibilities of the landlord and tenant. These responsibilities may include cleaning and repairs of the property, ending an agreement, claims for rent and damages, the duty to take care of the place, the right to have a quiet home, and locks and access. 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 homes are not covered. Sadly, this process sometimes takes too long to resolve and the tenant may have to move before the situation is figured out. 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.

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.

A landlord is someone that owns and rents land, buildings, or living units

A tenant is a person or group that

rents and occupies land, a house, an office

Here a story about a landlord who may not be protected by the Act because her tenants were doing illegal things.

Do you think it is fair?

These people lived in mobile homes and were not covered by the Act. They spent a lot of time and money fighting

for their rights in court. Sadly, they lost the case and their homes.

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 people to call if you need

help.

Here is the government’s Residential Tenancy

Webpage

Page 8: Porteous Sheila the 19 Acts CYC 250

Community Living Authority Act

The Community Living Authority Act regulates supports and services to adults with developmental disabilities and their families in BC. The Act provides community level assistance, including independent planning and support, to individuals and families who receive or require community living support. The Act encourages community ideas and solutions to change how communities respond to people with a disability. Right now this Act is undergoing some confusing changes about who will ultimately be in charge of the people who need services. This Act is very important because it protects people who are not able to take care of themselves without help from others. 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. Some countries leave these individuals to fend for themselves. In 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 people with disabilities.

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. Call Enquiry BC toll free at 1-800-663-7867 and ask to be transferred to the

advocate’s office at 604-775-1238.

A developmental disability is something that interferes with

growing up and learning things.

The government in BC is making a lot of financial cuts around the province.

They are cutting services and supports to people with disabilities.

Does this concern you? Here are some stories to help you decide.

Moms urge Premier to honour

promises to BC’s kids

Advisors to special-needs families

getting cut

Campbell conceals child protection and community living

cuts

Capital Mental Health Association

Page 9: Porteous Sheila the 19 Acts CYC 250

Employment and Assistance Act

The Employment and Assistance Act provides financial assistance and job opportunities to those in need. This means if you don’t have a job, or have a job but make very little money, the government of BC will help you. This Act protects people who would otherwise go without food or housing. 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 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.

Click here to go back to the Law Index

Applying for BC Employment and

Assistance Website

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 are doing? Is this Act really helping

people?

Here are some stories about the Employment and Assistance Act in

Action.

Homeless get help to find shelter, rebuild their lives

B.C. government wants to jail the homeless

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!

Page 10: Porteous Sheila the 19 Acts CYC 250

Representative for Children and

Youth Act

This Act with a long name may be important to you. This act is used to protect all children, especially those in care. Care usually means foster care with the Ministry of Children and Families. The Act defines the roles and responsibilities of the Representative for Children and Youth. Currently the 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. Her power includes the responsibility for children and youth across BC that are under the age of 19. She reviews and investigates death and critical injuries of children and youth that happen while they are in care. The representative also prepares reports that pressure governments and agencies to change the way they do things. 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!

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

Families are the best environment for raising a child

Parents and extended family have the primary responsibility for a child

Decisions made about a child should include their own views and input

Are your rights being upheld?

The following story may upset you. (You don’t have to read it!)

Sometimes children die and it is important to find out why. Hopefully

fewer children will be harmed or killed because of this Act.

Boy's death was preventable, advocate says

Here is some information about Mary Ellen Turpel-Lafond:

B.C.’s children's champion

Page 11: Porteous Sheila the 19 Acts CYC 250

Charter of Rights and Freedoms Within the Canadian Constitution, the Charter of Rights and Freedoms plays an extremely important role. This charter defends the principles of freedom and dignity that define us as Canadians! Plus, the charter has the power to protect and expand human rights. The charter protects individual rights by preventing laws that unfairly discriminate or take away human rights. It acknowledged that everyone regardless of colour, religion, race, or belief possesses certain fundamental rights that no government can remove without a real reason. You may have heard this phrase before: life, liberty and security of persons. 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 certain rights. So far it has just been used for setting limits on 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.

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 little or no rights. We are lucky to

live in Canada.

The constitution refers to the laws

that determine the fundamental political ideas of a government.

Here are some stories that document

the Charter of Rights and Freedoms in action.

British Columbia bill may cut off welfare for such minor offences as

shoplifting

Sign protest planned for Olympic

relay route

Police chief's apology will go a long way

Page 12: Porteous Sheila the 19 Acts CYC 250

United Nations Convention of the

Rights of the Child UN Convention on the Rights of a Child is a universally agreed on set of standards and obligations. It applies to all of Canada as 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 best interests of the child should always come first. 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 defend yourself. 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!

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?

How is Canada doing when it

comes to taking care of children?

The United Nations thinks that

Canadian governments can do

much better. You can read these

news clips and decide.

Canada must do more to help

children, UNICEF says

Respecting the rights of children

will pay off

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.

Page 13: Porteous Sheila the 19 Acts CYC 250

Adoption Act

The purpose of this Provincial Act is to provide for new and

permanent family relationships. The child's best interests are

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.

The reason for this Act is to ensure that people who want to adopt

children follow a proper legal process and work with the

government.

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

the child are sometimes hard to figure out. Sometimes many

choices look good. People need to be emotionally and financially

read to adopt children. Important details like the involvement of

the birth parents need to be provided for.

Government and community agencies help people with this

process. All parents need to know their rights and responsibilities.

Children need to know their rights too! Children need a lot of

love and care and deserve to live in the best home possible.

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

children in Canada's foster care system waiting for permanent

homes.

Here’s the foundation’s webpage.

Here is a news stories about adoption.

Canada needs a national children's

commissioner

Many aboriginal people in Canada were placed in permanent homes

with families that are culturally different from them. The government

is trying to fix that, but lots of work still needs to be done.

An aboriginal person is a North

American Indian or a member of a 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.

Page 14: Porteous Sheila the 19 Acts CYC 250

Hague Convention on Adoption of

Children

The Hague Convention on Adoption of Children protects children

and families in the international adoption process. Respect for the

children’s rights needed to be guarded and guaranteed.

Best interests of the child are always the most important factor in

an adoption. The best place for a child is with his or her own

family whenever possible. Safeguards needed to be put into place

to make sure children are not abducted (taken illegally) or sold. In

order to make sure this happens countries need to communicate

and cooperate with each other. Only proper agencies can provide

international adoption services.

This convention provides clear rules on how a child can be

adopted from another country. It also makes sure no one makes

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

countries have different values, cultures and procedures to think

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

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.

In some countries children are less

protected than they are in Canada. A fear that governments have is that

children will be taken from their families and sold. Sometimes families have no money to raise their children and people can put pressure on them to give up their children, even though

they might not want to. Plus, people can profit from the sale of children if

things are not regulated.

Here is a news story on the issue.

Canada queries China on child-abduction claims

Twins sold over the Internet remain in care of court

Page 15: Porteous Sheila the 19 Acts CYC 250

Safe Streets Act

The Safe Streets Act was created to protect people from aggressive solicitation. Persistent solicitation may cause undue fear or concern. For example, people can appear aggressive by asking for money when you are at a bank machine or by swearing and acting in a threatening way. This Act is provincial and applies to all of BC. This act defines unacceptable forms of solicitation. In doing so, people who are acting improperly can be given fines or even be arrested by the police to protect the public. This Act benefits society by letting people know their rights and 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. It is important for everyone to know their rights and to protect them. On the other hand, firmly and politely asking people to stop their behaviour works well much of the time. People who solicit things from the public may need to find another way to get their needs met. There are many agencies in the area that 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

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

and other things. This Act tries to balance the needs of all people.

Soliciting refers to asking for money

or other things of value through verbal or written means, whether or

not anything is given in exchange.

Some people worry that the Safe Streets Act impacts only poor people and takes away their rights. What do

you think?

Legislating poverty in Vancouver: The 'Safe Streets Act'

Here is an interesting article with someone’s opinion about begging on

the streets in New York. Obviously, this isn’t just a problem in Canada.

Riders' Rights, Beggars' Rights

Page 16: Porteous Sheila the 19 Acts CYC 250

Mental Health Act

The Mental Health Act ensures that people with mental illness who need treatment get are protected when they are not willing or able to accept help. The Act also contains protections to ensure that these provisions are applied in a fair and lawful manner. Safeguards for the rights of people involuntarily admitted to a psychiatric facility include rights notification, medical examinations at specified time periods, second medical opinions on proposed treatment, and access to review panels and the court. The Act takes care of many details that are required before someone is given treatment. It establishes what facilities can treat people with mental illnesses, explains who can be treated, and how those patients should be given care. This Act protects people with mental illnesses from being needlessly hospitalized, yet protects them when they need care 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 them stay well. Understanding mental illness may be complicated but is possible. People that work in community organizations can learn about mental illness in order to help people when they need it. A more effective approach may be finding resources that help people with mental illnesses stay well.

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!

Did you know that people with mental illnesses are more likely to be victims of violence than act in violent

ways?

Involuntary means something that is done against your wishes.

Psychiatric facility is a hospital that

specializes in the treatment of serious mental illness

A review panel is a group of people

that join together to look at decisions that have been made and offer their

opinion.

Here is a story about cuts for people with mental illness.

Police chief: Cuts add to work

Mental-health services in Victoria reduced

This is a story about a police officer who shot a person with a mental

illness. They are trying to figure out if his actions were OK or not.

Officer grilled on testimony

Page 17: Porteous Sheila the 19 Acts CYC 250

Criminal Code of Canada

The Criminal Code of Canada defines most criminal offences in the country. It also outlines the punishments, or penalties, that someone should receive for breaking the law. In Canada people who break the law are also guaranteed many human rights. They are believed to be innocent until their case is proven by law. These procedural rights are all written down in the Criminal Code. If you break a law in Canada and are under the age of 18, the Youth Criminal Justice Act covers your rights. 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. Sometimes people make poor choices and end up in trouble with the law. There are agencies that help people with the law. 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.

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The Law

Center

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.

An offence is an action that breaks the law. An Offender means the

person who broke the law.

The following news story is about a man who should have been in jail.

The legal system protected his rights and put his family at risk in doing so.

Oak Bay killer should have been in

custody, inquest told

Here is a story about a man who was

blamed for a crime he did not do.

'Every day was a battle for him'

Page 18: Porteous Sheila the 19 Acts CYC 250

Youth Criminal Justice Act

The Youth Criminal Justice Act explains what should be done with Canadian youth aged 12 to 17 when they break the law. Young offender’s crimes are defined in the Criminal Code of Canada, but their punishments are outlined in the Youth Criminal Justice Act. Unlike the Criminal Code of Canada, the emphasis is on crime reduction and rehabilitation. The Act believes young 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 trouble with the law. Other options than jail called extra-judicial measures are important for youth. On the other hand, sometimes a sentence in a youth facility (jail) is the only way to protect society and discourage the young person from continuing with illegal behaviour. 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.

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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

methods they try to find ways to repair the harm done by illegal

actions. Usually they try to get the people that were hurt and the

people that did the crime together to decide on fair solutions.

Here is the restorative justice website

for Victoria BC.

Young people’s names can’t be published in the news. It is one way

society protects them.

Here is a case where the police are looking for someone, but can’t

publish his name.

Police locate missing teen

Someone is keeping track of violent youth crimes.

Teen violence timeline

Page 19: Porteous Sheila the 19 Acts CYC 250

School Act

The purpose of the School Act is to regulate the design of the BC School System. The details considered in this Act include the rules, regulations, and entitlements regarding students, parents, teachers, and the BC school system. A person is entitled to enter an educational program if the person is of school age, a BC resident, and space and facilities are available. Parents have the right to be informed about the student's progress, and to be a member of the parents' advisory council. 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. The Act benefits young people by providing fair access to education. Unfortunately, some services are hard to access, 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 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.

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“The Ministry of Education is

committed to providing a high quality education for K-12 students.”

How are you doing in school?

Fees for school programs have been in the news a lot lately. The School

Act makes it clear that it is not OK to charge money for standard courses.

But what is a standard course? Do you think every person should be able

to take band? How about hockey programs?

School Fees in B.C.

Children and Youth that are homeschooled are also covered by

the School Act.

Traditional Homeschooling

Page 20: Porteous Sheila the 19 Acts CYC 250

Immigration and Refugee

Protection Act

The Immigration and Refugee Protection Act was designed to regulate immigration to Canada. When new people come to Canada, the country benefits. The country grows economically and gains a richer cultural base. On the other hand laws are required to limit the number of people that can come to Canada to stay permanently and to protect the country from threats. The protection of international justice and security is important for all countries. 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. 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 also helps all Canadians by helping the country grow in new and diverse ways. 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. 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.

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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

world.”

Can you imagine moving to another country? Maybe you are a Canadian

immigrant.

An immigrant is a person who moves from one country to another with the

plan of staying there permanently.

Here is a story about young people who were sent to Canada. One man

felt that he was lucky to have a chance to live here, even though

things didn’t always go well.

Child's journey to Canada life-changing opportunity

Canada produced a new immigrant’s

guide. Some people think it is not very friendly or welcoming. It is

stirring up lots of news.

Politicians should heed immigrants' guide

Page 21: Porteous Sheila the 19 Acts CYC 250

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 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. 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 to prove their decision in a court of law. If it is not safe in their 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 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. There doesn’t seem to ever be enough foster homes for all the 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 contact if you or your family needs some help. Remember, being honest is important for people to help you in the best way. This issue is SO important that the whole right side of the page is filled with places that families can find help.

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“We all want to belong and feel

accepted. A sense of belonging is

derived from the close bond of

family.”

Single Parent Resource Center

Young Parent Support Network

Surrounded by Cedar

Aboriginal Infant Development Program

Capital Families Association

Pacific Center Family Service Association

And a sad story from the news about a child who didn’t get enough help.

Nanaimo Family Deserves Answers in Child's Death