Thank you, Mr. Speaker. The Standing Committee on Social Programs is pleased to provide its Report on the Review of Bill 47: An Act to Amend the Child and Family Services Act and commend it to the House.
Introduction
Bill 47, An Act to Amend the Child and Family Services Act, makes enhancements to the Child and Family Services Act. The bill is a long-awaited response to the statutory review by the Standing Committee on Social Programs in 2010.
The bill proposes to expand services offered to youth, require Aboriginal organizations to be notified in advance of child-apprehension hearings or youth-protection hearings, require the director of child and family services to advise clients of their right to legal counsel, provide for mediation processes, require an application for an apprehension order to include a statement of alternatives that were considered, require a review of the act every five years, include involvement in prostitution as grounds for a child or youth needing protection, and adjust time limits for temporary custody depending on the child’s age.
Bill 47 was referred to the committee on March 3, 2015. The public hearing with the Minister was held on April 20, 2015. The clause-by-clause review was held on June 1, 2015. With the Minister’s agreement, five motions to amend the bill were passed at the clause-by-clause review. These amendments are discussed below.
In its review of Bill 47, the committee heard from many stakeholders, including the family law section of the Northwest Territories branch of the Canadian Bar Association; the Northwest Territories Information and Privacy Commissioner; the Yellowknife Seniors’ Society; UNICEF; the Canadian Equal Parenting Council; the Northwest Territories Human Rights Commission; the Greenland family in Aklavik; social workers, including government employees and those in private practice; community advocates; and dozens of residents from across the Northwest Territories.
The committee held public meetings in Yellowknife, Ndilo, Hay River, K’atlodeeche First Nation, Fort Simpson, Behchoko, Deline, Inuvik and Aklavik. Poor weather prevented the committee from flying to Fort Liard and Tuktoyaktuk as planned. During the two-week itinerary, Members also heard from residents about Bill 44, An Act to Amend the Hospital Insurance and Health and Social Services Administration Act.While there was broad support for the bill’s provisions, numerous ideas for improvements were raised. In addition, scores of stakeholders and private residents pointed out deficiencies in the child and family services system. These matters are addressed in the remainder of the report. The concluding section is devoted to recommendations for additional courses of action.
Echoes of the 2010 Report
The department’s poor track record in the area of child and family services cast a dark shadow over the committee’s review of Bill 47. The 2010 report served as a ready reference document and the bleak results of the 2014 report of the Auditor General of Canada were fresh in the minds of Members, including the report’s conclusion that the department had been failing to meet key legislative requirements. While Members are pleased to see a number of recommendations from the 2010 report reflected in the bill, they noted that nearly five years have elapsed. This lack of urgency demonstrates that the child and family services occupy a low priority status on the government’s agenda. Indeed, many stakeholders are pessimistic about the bill resulting in meaningful change.
In a similar vein, some stakeholders stated that the amendments of the act will not address the core issues at hand because legislation and policies are only as good as the infrastructure, the programs and staff that are in place in the communities.
In keeping with the core findings in the 2010 report, dozens of residents and community advocates called for greater compassion from child protection workers and the system in general. It also called for a collaborative approach for dealing with family members as opposed to an adversarial approach.
Noting the legacy of the residential school system and the loss of so many children due to child protection concerns, numerous stakeholders requested a stronger focus on prevention and early intervention strategies, including parenting skills and help for families who are healing from the impact of trauma, addictions, and intergenerational abuse.
The widespread lack of resources was another prevalent theme. One long-time foster parent said, “When I look around at what services are available, I see nothing. Nothing. Nothing. Nothing.” Dozens of respondents complained about a lack of resources across the board from the lack of funding for respite care to give foster parents occasional relief from the duties to the lack of resources for FASD children and their families and the high rates of staff turnover, which lead to patchy and inadequate service delivery.
Several social workers described their heavy caseloads, noting that the volume, complexity and intensity of work in the North poses greater demands on them than their southern peers. Along with a number of private residents, these overworked social workers called for more effective interdepartmental collaboration, especially in small communities where resources are thin on the ground.
It is worth noting that the Tlicho Community Services Agency reported a number of positive changes flowing from the department’s action, which was developed in response to the Auditor General’s 2014 report.
Mediation
During the review of Bill 47, scores of stakeholders and residents called for a stronger mediation process as an alternative to the adversarial court process. Members recalled this is one of the core recommendations from the committee’s 2010 report, and commended the Minister for including a mediation provision in the bill. However, Members agreed with the stakeholders who asked for the provision to be fleshed out. The committee saw merit in the submission from the family law section in the NWT branch of the Canadian Bar Association and agreed with a number of its recommendations. Accordingly, the committee brought forward three motions:
1. A motion was passed to ensure that the parties entering into mediation jointly agree on who will serve as a mediator.
2. A motion was developed to ensure that communications and evidence gathered during any mediation process will be treated as confidential and not used in court proceedings.
The Minister agreed with these two motions.
1. A motion was developed to authorize a judge to order parties to engage in mediation and to set the terms for such a process and to direct the child and family services to cover the cost of the mediation.
The Minister did not concur with that motion. As it is unlikely that parents involved in child protection proceedings will be able to afford the cost of such mediation, Members urged the department to reconsider its position. The committee noted that mediation support of child protection concerns is very successful in other Canadian jurisdictions. With the help of trained and neutral mediators, parents are brought together with social workers, children, grandparents and extended family members, as well as band representatives, legal counsel and others to identify joint solutions. Successful mediations typically result in agreements about such matters as who will care for the child, who will have access to a child in care, how parents can participate in support services, and how the plan of care will unfold. Mediations build trust through collaboration, and thus foster less adversarial relationships between the parties. Indeed, parents who have participated in successful mediations often report that the process enabled them to “find a voice” and feel empowered to make positive changes. The committee believes that greater use of mediation will, in the long run, result in cost savings by virtue of earlier resolution of matters.
It is worth noting that, in the midst of the review, the committee inquired about the department’s capacity to provide mediation services in each of the 33 communities of the Northwest Territories. In its correspondence, the committee noted that a number of mediators are based in Yellowknife but that capacity would likely need to be developed to ensure that child protection matters can be mediated in the communities where they occur. Regrettably, the Minister did not provide a formal reply to this query.
Mr. Speaker, I would like to pass the report on to my colleague Ms. Bisaro. Thank you.