Promoting Oversight in the Child Protection Regime
- Details
- Published on Sunday, 29 November -0001 16:00
- Written by editor
Dear Friend,
In January, the BCCLA intervened at the BC Court of Appeal in its hearing of T.L. v Attorney General of BC to protect the privacy of parental medical records in the child protection regime.
We brought forward concerns about how broad powers in the Child Family and Community Service Act (CFCSA) allow the Director of Child Protection and their social workers unrestricted authority to obtain private medical information of parents – without their knowledge or consent. This medical information may then be used to make unilateral decisions, including the removal of children from their families.
We argued that the court’s analysis had to consider the serious potential impacts on child and family relationships, as protected under section 7 of the Charter. The BC Court of Appeal agreed.
On April 24, the court rendered its unanimous decision affirming the need for better safeguards against the abuse of state power.
Read our reaction to the court's decision.
The... court's decision recognized that legislation goes too far in allowing the government to obtain highly personal intimate information with far-reaching impacts on parents and families.
As I write in our reaction to the court’s decision:
“The BCCLA looks forward to the government proposing a less intrusive regime with appropriate checks and balances to protect Charter interests. This not only protects individual privacy and encourages seeking medical care and social support, but promotes the protection of children and families.”
Read our reaction to the court's decision.
This is a win on behalf of so many who have been calling for an end to the abuse of state powers over families. We couldn’t have done it without the support of our community.
While this is a significant step in the right direction, we will keep working to protect your privacy and restrict unreasonable state interference in familial and parenting relationships.
Thank you for standing with us in our fight for justice.
Ga Grant (she/her)
Staff Counsel, Litigation
The BCCLA was represented in this case by Lisa Glowacki and Maegen Giltrow, KC.
