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POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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Recommendation 7The charging policies are necessary to fulfill the obligations of the State to respect thesection 7 [security of the person] rights of victims under the Canadian Charter of Rightsand Freedoms. 1 It is recommended that while the Charter rights of accused must berespected, equal consideration and weight be given to the Charter rights of victims.There is a duty under the Charter to enforce the assault provisions within aboriginalcommunities to the same standard as in other parts of Canada.Recommendation 8It is recommended that enforcement agencies convene a meeting to discuss theproblems arising from the differences in mandatory charging policies across jurisdictions.Recommendation 9It is recommended that where there are tribal police and Band constables that theybenefit from having a uniform charging policy to better protect abused aboriginal womenand other victims.Recommendation 10It is recommended that further research be conducted into eradicating racism in thecriminal justice system, and that amendments be considered to the Criminal Code toaccommodate the Canadian mosaic, for example, cultural defences, communitysanctionedcrime prevention and community punishment, retribution and preservation ofcommunity harmony.Recommendation 11It is recommended that more alternative resources be made available in domesticviolence situations for aboriginal women. For example, community diversion projectsneed to be developed and implemented in the aboriginal context. The development ofthese alternatives may include specifying that family violence is a criminal act.Recommendation 12It is recommended that consideration be given to introducing a Family Violence Actenforceable at the community level.1Elizabeth Sheehy, “Personal Autonomy and the Criminal Law: Emerging issues for Women” (Ottawa: CanadianAdvisory Council on the Status of Women, 1987) at 53.Pg. 7

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