New legislation to give more powers to children’s advocate

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This article was published 02/03/2017 (3171 days ago), so information in it may no longer be current.

The Progressive Conservative government has introduced legislation to broaden the role of Manitoba’s children’s advocate in line with recommendations from the inquiry into the death of Phoenix Sinclair.

The Advocate for Children and Youth Act (Bill 9) would expand the mandate of the advocate’s office, allowing it to provide services to a wider group of children and youth — not just those who have come into contact with child and family services.

If passed, the legislation would also allow the office to advocate for children and youth receiving disability services, mental health and addiction services, victim support services, criminal justice services, and those requiring individual education plans.

Bill 9 would also allow the advocate to release reports into child deaths that, according to current legislation, are now only passed on to the families minister, the Chief Medical Examiner’s Office and the provincial Ombudsman.

The advocate would also be empowered to review serious injuries — in addition to deaths — of vulnerable children and youth involved in the child welfare, mental health, addictions and justice systems.

Furthermore, the office would be able to advocate for young adults, aged 18 to 21, who as children received services under the Child and Family Services Act.

“What this is about is ensuring the safety of our children…” said Families Minister Scott Fielding after introducing the legislation on Thursday.

He said it will give the advocate’s office more autonomy and flexibility in carrying out its role.

Allowing for the public release of special investigative reports will provide more openness and transparency, he added.

“There’s always a balancing act between privacy and the citizens’ right to know. And so we think we’ve hit a good balance between the two,” Fielding told reporters.

The minister would not comment on the potential need for additional funding for the advocate’s office in line with its broader mandate. The advocate reports directly to the legislative assembly — and not to the government of the day. The minister said an all-party committee would decide whether increased funding is necessary.

Children’s advocate Darlene MacDonald, who had pressed both the former NDP government and the new Pallister government to enact the recommendations from the Phoenix Sinclair Inquiry report, said she was “very pleased” with the bill and hoped it would receive quick passage.

She said she is also happy that the proposed legislation changes the name of her office to the Advocate for Children and Youth. She said the office’s current name rankles with older kids.

“Certainly the youth have told us before they don’t want to be referred to as children,” she said.

As for whether her office may need a bigger budget, MacDonald pointed out that the new legislation also gives the office more discretion over the depth of reporting that it does on child deaths.

Under current legislation, the office must review all deaths involving kids who received child welfare services — even those who died of natural causes.

In the past year, the office completed 52 child death reviews. Other jurisdictions publicly report on a dozen or so, MacDonald said.

She said the new legislation would allow the office to focus greater attention on deaths that “show gaps in services” and less on others.

“I may be able to use my resources somewhat differently,” she said.

Phoenix Sinclair was murdered by her mother and stepfather at Fisher River Cree Nation in June 2005. She had been in CFS care. The official inquiry into her death was announced in the fall of 2006, but was put off until the criminal charges arising from her death were dealt with.

Commissioner Ted Hughes submitted his report to the province in December 2013. It was released by the former NDP government in January 2014. Thirteen of the inquiry’s 62 recommendations called on the government to strengthen and expand the scope of the children’s advocate.

On Thursday, NDP MLA Nahanni Fontaine said Bill 9 is virtually identical to legislation she introduced as a private member in the last session. She said if the Progressive Conservatives had voted for her bill, the reforms could have come into effect sooner.

larry.kusch@freepress.mb.ca