CANADA: Ex-judge slams law aimed at curbing child advocate

[18 May 2010] - Former judge Ted Hughes urged B.C. Premier Gordon Campbell on Monday to withdraw legislation that would undermine the powers of Children's Representative Mary Ellen Turpel-Lafond.

Hughes, whose scathing review of the child-welfare system led to the creation of Turpel-Lafond's office four years ago, said the proposed amendments would "strike a negative blow to the heart" of those efforts to restore public confidence in the system.

"In 2006, you saw the interests and safety of the children of our province - particularly those in care and those at risk, aboriginal and non-aboriginal children alike - as a paramount concern of your government," Hughes wrote in a letter to Campbell. "That should be no less the case today."

Hughes told Campbell that the sweeping powers granted Turpel-Lafond's office were an "integral and critical part of what both you and I were attempting to achieve."

The proposed changes to those powers will result in a "substantial impairment" of her ability to do the job, he said.

Hughes spoke out after a court ruling that found Campbell's office and the Ministry of Children and Family Development broke the law by refusing to provide Turpel-Lafond with cabinet documents.

B.C. Supreme Court Justice Susan Griffin ruled Friday that the children's representative was given access to cabinet documents when her office was created, and that it's clear from the 2006 law that legislators placed a higher priority on protecting children than preserving cabinet confidentiality.

Griffin ordered Campbell to give Turpel-Lafond the materials she needs to complete an audit of the Child in the Home of a Relative program, which serves about 4,400 children unable to live with their parents.

The government not only refused to release the materials, it brought in legislation that would limit her access to such documents ever again.

In his letter, Hughes suggested that if Campbell won't withdraw the legislation, he should at least table it to allow time for mediation. He cited the strained relationship between Turpel-Lafond and deputy children's minister Lesley du Toit as "standing in the way of the full repair of the child-welfare system of this province which my 2006 report was intended to achieve."

He offered his own mediation services free of charge and encouraged Campbell to show leadership. "We have to remember this is all about our kids -- of that we cannot lose sight."

Campbell was out of the country and unavailable for comment.

Children's Minister Mary Polak said the government will consider Hughes' "thoughtful" offer, but stopped short of committing to tabling or withdrawing the legislation.

Further information

pdf: http://www.vancouversun.com/news/judge+slams+aimed+curbing+child+advocat...Association: The Vancouver Sun

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