Thank you, Madam Chair. The committee held public hearings on Bill 5, An Act to Amend the Child and Family Services Act, in Yellowknife on April 20th and on May 14th; in Tuktoyaktuk and Inuvik on April 23rd; in Ulukhaktok on April 24th; in Colville Lake on April 25th; and in Behchoko on April 26th, 2007. The committee would like to thank the Minister and all of the presenters for appearing before committee. The proposed amendments will provide for a prompt court hearing after the apprehension of a child, that is consistent with the rights of parents under the Canadian Charter of Rights and Freedoms.
In the simplest terms, the amendment to the act requires that a hearing be held within nine days of a child being apprehended. As the act is now, the department has up to 45 days to hold a hearing. As the committee
understands it, the requirement or the amendment falls out of recent court cases in southern Canada where it was ruled that the hearing process in child protection matters was not timely enough to satisfy Charter requirements related to the rights of parents.
In Yellowknife, the committee heard from Mr. Brad Enge, a lawyer in private practice, who stated that Bill 5 was a good amendment, as currently there is no way for parents to contest the actions of a child protection worker prior to a full court hearing, which can take up to 45 days to occur.
Mr. Enge also had concerns, which are shared by the committee, on the strains that these required amendments to the Child and Family Services Act will have on the justice system in the Northwest Territories. It was pointed out that this will increase the workload of the Territorial Court, and Mr. Enge wondered if the NWT has enough Territorial Court judges and if we should not hire considering another judge to deal solely with child and family law matters.
Mr. Enge also raised the issue of the ability of the legal aid system to absorb the workload that will result from the implementation of the amendments. He stated that that the system is hard pressed to respond to the current workload, that parents who wish to consult with their lawyer prior to initial hearing on the apprehension of their child may not get that opportunity. Mr. Enge also made the committee aware of a number of other concerns he has with the Child and Family Services Act that are outside the ambit of this bill.
In Tuktoyaktuk, we heard from Mr. Saeed Shesheghar, a social worker who understood the intent of the amendments but was worried about the practicality of the hearing process and the ability of the Territorial Court to hold the required child protection and apprehension hearings in the communities within the timelines proposed in the bill.
In Inuvik, we heard from Ms. Alana Mero, who has worked as a child protection worker in another jurisdiction. Ms. Mero expressed concern over the use of justices of the peace and wanted assurances that justices of the peace will only be used at the first stage hearings and not for hearings on temporary or permanent custody.
The majority of other presenters that we heard from were generally pleased with the new hearing timelines and the opportunities that this provided parents to contest the apprehension of their children.
During the clause by clause, Members heard from the Minister that he was working with the Minister of Justice on the implementation plans in order to roll out for January 1, 2008. It should be noted that, like Mr. Enge, the majority of presenters that spoke to this bill raised concerns with the application of the Child and Family Services Act that were outside the purpose of the proposed amendments.
Committee heard about the lack of interpretation services for parents who have had their children apprehended; the fact that non-custodial parents are often not considered as a suitable placement option where the child has been apprehended; concerns with how the present two-year temporary custody term imposes an arbitrary deadline that may set some parents up for failure; that there are no consequences of people who make malicious accusations under this act; that there is a requirement for the Department of Health and Social Services and its authorities to do a better job in developing and supporting child and family service committees in all communities in the Northwest Territories; that the extended family is now always acknowledged and utilized in providing care for a child who has been apprehended; that there is a need to ensure that aboriginal children stay in their home communities whenever possible, close to their language and culture; and, finally, the department and the authorities need to do better in recruiting, encouraging and training people to be foster parents in all communities.
To deal with these concerns and recognizing that they are outside the privy of the proposed amendments, the committee has prepared a report on matters relating to the Child and Family Services Act. This report will be read into the record on Thursday, May 17th, 2007, and a number of recommendations will be debated in Committee of the Whole at the appropriate time.
Following the clause-by-clause review, a motion was carried to report Bill 5 to the Assembly as ready for Committee of the Whole.
Madam Chair, this concludes the committee's general comments on Bill 5. Individual committee members may have questions and comments as we proceed. Thank you, Madam Chair.