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Incarcerated girls have the following
rights in British Columbia :
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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)
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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)
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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)
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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
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The right to “be allowed reasonable
opportunity to telephone parents, the solicitor of the
youth or other persons.” (Section I 4.10,
YCPPM)
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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)
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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)
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“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)
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"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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