Thank you, Mr. Speaker. I rise today to put forward this motion for the review of the Child and Family Services Act for a number of

reasons. However, before I go into some of these reasons,` I want to stress my appreciation for the hard work and dedication of all social workers who are involved in the administration of the implementation of this act.

Unfortunately, from time to time, some children will need to be taken under the protection of the government. When this occurs we must ensure by way of this act and its implementation that it is done in the most reasonable and fair manner without jeopardizing that child’s future health and happiness.

Our social workers are the people in the front line doing the apprehensions. They are the ones who are often putting their own safety on the line as parents are often not happy with the children being taken away. Threats of physical violence towards these workers is a reality.

I make this motion to review the act, not to criticize of judge these social workers. I recommend this review because I and many of my colleagues have heard concerns raised by our constituents on the implementation of the act and the certain clauses within the act itself.

In discussing this motion, several Members indicated their concerns focus not on the act itself but more on the implementation of the act. Any review done should focus on the implementation as well as the act itself. I agree that many of the concerns that people are raising may indeed be implementation issues. I also suggest that where implementation issues exist, possibly a number of reasons the implementation is not occurring as expected exist. For example, in some cases, the lack of implementation may be for financial reasons. In some cases, the lack of implementation may be due to lack of will by the policymakers and senior management. In some cases, it may be due to lack of will or ability of the frontline providers. And, in some cases, it may be because the act lacks clarity or certain clauses making it impossible to implement as written or intended.

Sometimes things look good on paper, but they don’t really work in the real world. So to do a review of implementation, you need to be sure of the reason things are being implemented and what the intent of the action was and that it’s based on the act.

I believe that implementation reviews must also include a review of the act. A review of the act is a review of its implementation. A review of the implementation of the act must include a review of the relevant section of the act. You can’t really have one without the other.

This is a significant act. The professionals in the department worked on it for a number of years before implementing it in 1998. Professionals of the highest calibre worked on the development of a

unique act suited for the realities of living and working in the Northwest Territories. We must acknowledge the uniqueness of this act and applaud those who put so much work into getting it developed in the first place. However, things change and things evolve. If this act were written and implemented today, it would include a clause stating that it needs to be reviewed by this Legislature every X number of years; five, 10, four, whatever the case may be. The newest act passed by this Legislature, the Species at Risk Act, includes such a clause. It must be reviewed by this Legislative Assembly every 10 years. The intent of the review is to ensure that the preamble is still relevant, the act is meeting its intent, and that if the act is still relevant, it is being implemented accordingly.

I’m asking for nothing more for this act. This act is about the protection of children within the Northwest Territories. The act states: “It is recognized that decisions concerning children should be made in accordance with the best interest of children, with the recognition that different cultural values and practices must be respected in those determinations.” This still holds true. Children are the first priority of this act and they must be. Reviewing the act and its implementation will help us be confident that the act and its implementation are still meeting that basic commitment to protect the children while recognizing the different cultural values and practices must be respected.

As I said earlier, the act is a big one. I believe that much of it is good and I expect that the review will support this claim. However, based on conversations with some constituents and stories I’ve heard from other MLAs, it’s clear that some holes exist in the act and there are problems with its implementation. Some Members have indicated that a number of reviews have already been done. A lot of research has already been conducted. As recently as 2007, amendments were made to the act itself. These are all positive steps. Unfortunately, many of the recommendations that came from those reviews have not been acted upon. Further, they’re located in a wide variety of different locations. This review will be an opportunity to compile all of that information and present it with recommendations in a focused and logical manner. It will be one document with direction to Cabinet and the department, based on what we find through research and what we have heard from the people of the Northwest Territories.

Right now many of the existing recommendations from a variety of sources are sitting on shelves building up dust. I think it’s important not to lose all of the hard work done by others in this area. By way of the review, we can take the dust off of these old reports and recommendations, take the ones

that are still outstanding, and build them into one report.

I know that the professional staff within the department are working hard to rectify any implementations that they have identified. They’ve identified some. I believe when we go out, we’ll hear others that may have been missed by the department. It does not take away the need, in my opinion, to do this review. In fact, by way of the review there is opportunity to provide some additional direction and lend support to the Department of Health and Social Services in this work. To do this review right, social workers and Health and Social Services staff will need to be included. I’m interested in hearing more from the social workers on what aspects of the act and its implementation are working, which areas are difficult and might need some modification, and what areas are definitely not working. They are currently the experts and deliver the services on the front line. A review can’t be done without their input.

They aren’t the only people that need to be consulted. Parents, NGOs, children who have gone through the system and are now adults, foster parents, and communities in general need to be engaged. I hope if this motion passes, the terms and references will include engaging all of these necessary and relevant stakeholders.

As indicated earlier, this is an incredibly important act. A lot of work was done on it. It is unique for the Northwest Territories. Unfortunately, since it passed in this House in 1998, it has not had a comprehensive review. It is unreasonable to assume that there aren’t holes in it. Times change and opinions and technology evolve.

Some of the areas we have been made aware of where holes exist either in the act or by way of implementation include, but are not limited to:

1. The role of the child and family service

committees in each community of the Northwest Territories. The act says there should be one in every community. Right now there are none in any communities.

2. The gap exists in the system with respect to

homeless youth between the ages of 16 and 19 who aren’t supported through the act and aren’t eligible for financial assistance. This may be a combined issue between ECE and Health and Social Services. Regardless, this review will help put some focus on that issue.

3. Is there enough protection for social workers

who must, according to the act, apprehend based on pretty much any allegation even when the worker knows that the complaint is frivolous? This puts our social workers in a difficult position within their communities and affects their ability to do their jobs in cases of real concern.

4. The right of parents. I know this act is designed

to protect children. However, in rare situations where social workers may have an unfair bias against a parent, a child may be apprehended on a permanent basis unnecessarily. This isn’t good for the parents or the children who benefit from continued involvement with their birth parents.

Prior to this act, community social workers, those trained in the North with either a certificate or a diploma, were able to work with families and undertake apprehensions when necessary. Now, with this act, if they don’t have a degree, they can’t do that even if they have 10 to 15 years of directly related experience. I don’t believe that this is reasonable in the NWT. Some of the best practitioners are those originally from the communities, with extensive years of service, as they understand the realities of living and working in those small communities.

Lastly, punishment for frivolous complaints aren’t regularly followed up on. If people aren’t worried about ramifications for making false complaints, false complaints will continue to be made. There are a lot more, but for the sake of time I will stop. In short, it is time to review the act and its implementation. The children of the NWT are our future and we must ensure that they receive the protection they require.

A review isn’t a challenge of the department. I am not suggesting we challenge the department. I am suggesting that we work with the department and help them identify areas to improve the Child and Family Services Act. Is this act still relevant after 10 years? I think so. I am sure it is, but is it still exactly right? It is time to do the review to make sure that it is current, that it is right and that it is meeting the needs of our children. Thank you, Mr. Speaker.