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Incarcerated girls have the following rights in British Columbia :

  • The right to have “access to opportunities and resources normally available in the community, to the greatest extent feasible” (Section B 1.03-6 Youth Custody Programs Policy Manual-YCPPM)

  • The right to “advocate on their own behalf or to have another person present their position when a decision is being made that affects them” (Section B 3.02, YCPPM)

  • The "right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of the proceedings against the young person" (Section 25(1) of the Youth Criminal Justice Act)

  • The "right to be given reasonable opportunities to phone their parents, worker, or lawyer" which the Ministry of Children and Family Development sets out as one of the rights youth in custody have as part of a modified version of Section 70, Child Family and Community Services Act

  • The right to “be allowed reasonable opportunity to telephone parents, the solicitor of the youth or other persons.” (Section I 4.10, YCPPM)

  • One objective of youth custody programs is “to encourage contact and communication between youth and their families and members of the community”, in part through telephone calls
    (Section E 6.01 and I 4.03, YCPPM)

  • Restrictions regarding contacts and correspondence (monitoring and control of visits, telephone contacts and correspondence) shall not be imposed arbitrarily or without good cause but shall be for one or more of the following reasons: (Section E 6.02, YCPPM)

a)      the contact or communication is or may adversely affect the health, safety or well being of the concerned youth(s)

b)      particularly as it relates to visits, the contact or communication is or may adversely affect the health, safety or well being of others

c)      the contact or communication represents a real or potential interference to the management, operation, discipline or security of the youth custody centre

d)      the contact is prohibited by a condition of a court order, including but not limited to a protective condition of a detention order pursuant to sect. 515 (12)CCC (Section E 6.17)

  • “Conversations may be monitored on the authority of the Director where the resident has first been advised that telephone conversations may be monitored and where there are reasonable and probable grounds to believe the monitoring is necessary for the reasons in E 6.02 (Youth Custody Programs Policy Manual)

  • "WHEREAS Canada is a party to the United Nations Convention on the Rights of the Child and recognizes that young persons have rights and freedoms, including those stated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, and have special guarantees of their rights and freedoms"
    (Preamble of the Youth Criminal Justice Act)

 

 

 

 

 

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