PREAMBLE:

By resolution of the Legislature the Sub-Committee of the Standing Committee on Privileges and Elections was authorized to hold public meetings to inquire into matters relating to the Office of the Children's Advocate for the Province of Manitoba. Pursuant to this mandate the sub-committee held public meetings as follows:

Winnipeg - Tuesday, April 22, 1997 - 10 a.m.

Room 255 Legislative Building

450 Broadway

Winnipeg - Monday, May 12, 1997 - 7:30 p.m.

Room 254 Legislative Building

450 Broadway

Winnipeg - Tuesday, May 13, 1997 - 12 noon

Manitoba Telecom Services

Video Conference Room

Trizec Building

Thompson - Wednesday, May 14, 1997 - 9 a.m.

City Council Chambers

Winnipeg - Thursday, May 15, 1997 - 10 a.m.

Room 254 Legislative Building

450 Broadway

Winnipeg - Thursday, May 15, 1997 - 1 p.m.

Manitoba Telecom Services

Video Conference Room

Trizec Building

Winnipeg - Tuesday, May 20, 1997 - 3 p.m.

Room 254 Legislative Building

450 Broadway

Winnipeg - Wednesday, May 21, 1997 - 3 p.m.

Room 254 Legislative Building

450 Broadway

Representations from organizations and private citizens were made as follows:

Winnipeg - Tuesday, April 22, 1997 - 10 a.m.

Mr. Wayne Govereau, Office of the Children's Advocate

Ms. Roma Minenko, Office of the Children's Advocate

Winnipeg - Monday, May 12, 1997 - 7:30 p.m.

Mr. Wayne Reid, Private Citizen

Ms. Judy Reid, Private Citizen

Ms. Lore Mirwaldt, Private Citizen

Mr. Harvy Frankel, Faculty of Social Work, University of Manitoba

Ms. Ingrid Zacharias, Private Citizen

Ms. Susan Swaigen, Private Citizen

WRITTEN SUBMISSIONS

Mr. J. Doug Crookshanks, Westman Child and Adolescent Mental Health Program

Ms. Betty L. Goossen, Private Citizen

Mr. Ronald Wesley, Private Citizen

Ms. Evelyn Thorgeirson, Private Citizen

Ms. Merlyn Rotter, Manitoba Youth Centre

Ms. Neta Friesen, Ms. Claudette Dorge, Ms. Donna Pierce, Ms. Claire Milgram, Child Protection Centre, Health Sciences Centre

Ms. Glynnis Fiddler, Wood's Homes, Parkdale Centre

Manitoba Association for Rights and Liberties

Anishinaabe Child and Family Services Inc.

Ms. Kathleen Tessier, Health and Family Services, Thompson Region

Mr. Ken Knight, Child and Family Services of Western Manitoba

Social Planning Council of Winnipeg

Winnipeg - Tuesday, May 13, 1997 - 12 noon

Ms. Irene Garneau, Taras Vision Incorporated (Dauphin)

Ms. Ellen Wood, Parkland Crisis Centre (Dauphin)

Thompson - Wednesday, May 14, 1997 - 9 a.m.

Ms. Kaye Dunlop, Awasis Agency of Northern Manitoba

Ms. Thelma Bland, Awasis Agency of Northern Manitoba

Ms. Ruth Bushby, Futures Program of the Ma-Mow-We-Tak Friendship Centre

Ms. Norma Boulé, Thompson Boys and Girls Club

Ms. Ann Marie MacIntyre, Thompson Action Committee on the Status of Women

Ms. Hari Dimitrakopoulos, Thompson Action Committee on the Status of Women

Winnipeg - Thursday, May 15, 1997 - 10 a.m.

Ms. Linda Pinch, Adults Molested as Children (AMAC)

Winnipeg - Thursday, May 15, 1997 - 1 p.m.

Ms. Beth Sanders, Women for Equality; Manitoba Action Committee on the Status of Women (Brandon)

Ms. Jennifer Howard, Women for Equality; Manitoba Action Committee on the Status of Women (Brandon)

Winnipeg - Tuesday, May 20, 1997 - 3 p.m.

Mr. Reid Hartry, Past Chairperson, Manitoba Coalition on Children's Rights

Ms. Louise Malenfant, Family Advocate of Parents Helping Parents

Mr. Luis Coelho, President, CUPE Local 2153

Mr. Corbin Shangreaux, Southern Manitoba First Nations Child and Family Services Agencies

Ms. Glory Lister, Southern Manitoba First Nations Child and Family Services Agencies

Winnipeg - Tuesday, May 20, 1997 - 7:30 p.m.

Ms. Amelia Wesley, Private Citizen

Ms. Victoria Lehman, Private Citizen

Mr. Darren Berg, Private Citizen

Ms. Alice Wright, Private Citizen

Ms. Irma McKay, Private Citizen

Ms. Leslie Galloway, Private Citizen

Winnipeg - Wednesday, May 21, 1997 - 3 p.m.

Ms. Ann Ross, AGR Health Services Inc.

Ms. Sandy Funk, Ma Mawi Wi Chi Itata Centre Inc.

Dr. Peter Markesteyn and Ms. Jan Christiansen-Wood, Office of the Chief Medical Examiner

Dr. Sid Frankel and Ms. Anne McGillivary, The Manitoba Research Centre on Family Violence and Violence Against Women

Ms. Nancy Vadas, Knowles Centre, Sexual Abuse Treatment Program

A. INTRODUCTION

The required legislation establishing the Children's Advocate and requiring that a review of the legislation be completed by a committee of the Legislative Assembly is included in Section 8:13 of The Child and Family Services Act.

REVIEW PROCESS

Advertisements in local media;

Provided information on the format and registration dates for public involvement;

The deadline for registration was April 18, 1997;

The Clerk's office of the Legislative Assembly did devote staff time to manage the process of registering submitters, arranging consultation meetings and accepted written submissions which were forwarded for distribution to committee;

The public consultation schedule was established and the hearings commenced on April 22, 1997;

The time limit for formal presentations was set at a total of thirty (30) minutes with twenty (20) minutes set aside for the verbal presentation, and ten (10) minutes set aside for questions for committee members.

B. THE ROLE OF THE CHILDREN'S ADVOCATE

The Office of the Children's Advocate was established to provide an independent advocate for children who have been in contact with the Child and Family Services system. The legislation establishing the Children's Advocate, The Child and Family Services Amendment Act, was passed by the Manitoba Legislature in June 1992 and proclaimed in April 1993. In December 1992, Mr Wayne Govereau was appointed as Manitoba's first Children's Advocate. The primary function of the Children's Advocate is to represent the rights, interests, and view points of the children when decisions affecting them are made under The Child and Family Services Act.

C. LEGISLATION

Part 1.1 of The Child and Family Services Act of Manitoba sets out the duties and powers of the Children's Advocate.

8.2(1) The Children's Advocate shall

(a) advise the Minister on matters

(i) relating to the welfare and interests of children who receive or may be entitled to receive services under this Act, or

(ii) relating to services provided or available to children under this Act;

(b) review and investigate complaints that he or she receives

(i) relating to children who receive or may be entitled to receive services under this Act, or

(ii) relating to services provided or available to children under this Act;

(c) in response to a request, represent, other than as legal counsel, the rights, interests and viewpoints of children who receive or may be entitled to receive services under this Act;

(d) prepare and submit an annual report to the minister respecting the performance of the duties and the exercise of the powers of the children's advocate; and

(e) perform additional duties and functions as may be prescribed by the regulations, or as may be required by the minister.

In order to assist the Children's Advocate in exercising the above-noted duties, the Children's Advocate has several powers which include but are not limited to the following:

8.3 The Children's Advocate may exercise the following powers:

(a) to conduct inquiries, investigate, report on, and make recommendations regarding any matter

(i) relating to children who receive or may be entitled to receive services under this Act, or

(ii) relating to services provided or available to children under this Act;

(b) to inspect any treatment centre, group home or other home or place in which a child is placed in accordance with the provision of this Act;

(c) to examine and obtain a copy of any record, paper or thing which, in the opinion of the Children's Advocate, relates to any matter being investigated by him or her, and which is in the possession of the director, an agency or the person in charge of any of the places mentioned in clause (b);

(d) to communicate with and visit a child who is receiving or has received services under this Act, or a guardian or other person who represents the child;

(e) other than as legal counsel, to represent the rights, interests and viewpoints of a child who is receiving services under this Act when decisions relating to the child are being made under this Act;

(f) to solicit, accept and review reports from individuals or organizations concerned or involved with the welfare of children or families, or both.

Similar positions exist in Ontario, Quebec, Alberta, Saskatchewan, and British Columbia. The Ontario Children's Advocate reports to an assistant deputy minister within the Department of Community and Social Services. The Alberta Children's Advocate was established in 1989, and reports to the Minister of Family and Social Services. British Columbia established a Children's Advocate in 1994, who is appointed by and reports to the Legislative Assembly. Saskatchewan's Children's Advocate was also established in 1994. This position is co-located with the Ombudsman's office, but reports directly to the Legislative Assembly. In Quebec, the position reports to the National Assembly.

Manitoba's precedents for officials appointed by and reporting directly to the Legislature are limited to those with government-wide responsibilities, such as the Ombudsman and the Provincial Auditor. The Manitoba Ombudsman functions under the authority of a separate Ombudsman Act.

Your committee met on Monday, June 9, 1997, Tuesday, June 17, 1997, Wednesday, June 18, 1997, and Thursday, June 19, 1997, for further deliberations and has agreed to report as follows:

The committee heard and received submissions which covered a wide range of issues related to the Office of the Children's Advocate. Although it is not possible in this report to list each and every point presented in the written and oral submissions, the committee has endeavoured to summarize the key issues and concerns which emerged from the public consultation process.

The major themes which surfaced from the presentations focused on five critical areas, among them being:

Reporting Relationship

Many of the presentations confirmed the need for the Children's Advocate to report directly to the Legislature rather than to the Minister of Family Services. This issue was raised on several occasions due to concerns about the independence of the office in terms of carrying out its investigative and advocacy responsibilities. Numerous comments were made during the review process that direct reporting to the Legislative Assembly would ensure greater openness and accountability. It was further noted that a greater level of independence would allow for critical feedback of the child welfare system and the agencies operating within the system.

Your committee recommends that:

1.1 The Office of the Children's Advocate report directly to a committee of the Legislature.

Term of Office

Some of the presenters stressed the need to have the Children's Advocate appointed for a specific term of office in a manner similar to that of the provincial Ombudsman. At present, the Children's Advocate falls under the provisions of The Civil Service Act. Under current legislation the Children's Advocate occupies the position at the discretion of the Minister of Family Services within civil service guidelines.

Your committee recommends that:

1.2 The Children's Advocate be appointed for a specific term of office; the term of office will consist of two three-year terms with a review of the position being completed after the initial three-year period.

Scope of Responsibilities

At present, the Children's Advocate is responsible only for children in the Child and Family Services system. Some presentations to the committee made reference to the fact that the existing scope of responsibilities was too restrictive; the point was made that the mandate of the Children's Advocate should be expanded to respond to the concerns of all children who are encountering problems in their lives, whether that be in child welfare, mental health, the judicial system or in the education system. The suggestion was also put forward that the Children's Advocate should be able to access legal representation for children. Some presentations further noted that the Children's Advocate should take the lead role in instituting change within the Child and Family Services system. Other public presentations offered the view that the existing legislation which sets out the duties and powers of the Children's Advocate is adequate and provides for a broad range of responsibilities. Rather it was stated that the present Children's Advocate has chosen to adopt the role of system police, focusing on the failures of the system yet retaining a hands-off approach to the task of truly addressing systemic issues within the system.

Your committee recommends that:

1.3 The Office of the Children's Advocate maintain its present responsibility for all children within the Child and Family Services system. There is a related need to ensure that the Children's Advocate continues to have the authority to receive complaints from across all government departments and forward these referrals to the appropriate agency/person for resolution (i.e., a referral may be made to the Office of the Ombudsman and screened by the Investigator, Child and Adolescent Services).

Compliance With Recommendations of the Children's Advocate

Several presenters acknowledged the fact that the Children's Advocate can exercise broad investigative powers though the penalties for failure to comply with the recommendations from his office are nonexistent. To address this issue it was stated on several occasions that there is a need to develop a mechanism for follow-up to ensure that Child and Family Services agencies actively respond to recommendations put forth by the Children's Advocate. In cases where the Children's Advocate and the agency continue to disagree, a referral to an arbitration body may be required. Some presenters made reference to the fact that the Advocate must have access to a tribunal which can compel an agency to implement the required recommendations. This process might involve granting the Office of the Children's Advocate the power presently vested with the Human Rights Commission.

Representations from First Nations agencies spoke to the fact that in the whole process of reviewing a case, the Office of the Children's Advocate does not take into consideration the recommendations or viewpoints of local people. The point was made that from a First Nations perspective, elders and people from the community are well versed in ensuring that the needs and supports for children and families are met in a systematic manner.

Your committee notes that The Child and Family Services Act provides that the director of Child and Family Services shall "administer and enforce the provisions of this Act" [subsection 4(1)(a)]. Your committee further notes that Bill 48, The Child and Family Services Amendment and Consequential Amendments Act, presently before the Legislature, provides for the duties and powers of the director of Child and Family Services to conduct investigations similar to those of the Children's Advocate, and for the director to establish procedures to hear complaints under the act.

Your committee recommends that:

1.4 In cases where the Children's Advocate and an agency continue to disagree, a referral of the case be made to the director of Child and Family Services for resolution under The Child and Family Services Act. The outcome of such referrals should be directed to the Office of the Children's Advocate for inclusion in the yearly report.

Operational Issues

Several presenters made reference to the fact that the duties and functions of the Office of the Children's Advocate is not well known in rural and northern Manitoba. One rationale offered for this lack of communication and profile is that some agencies are reluctant to communicate the available services of the office to the public. Reference was also made to the fact that the present Children's Advocate's office is staffed with three individuals who have little or no previous experience in working with First Nations communities when approximately two-thirds of the children in care in the province of Manitoba are First Nations people.

Additional comments which emerged from the presentations was the perception that the existing Children's Advocate office is engaging in an adversarial approach with most Child and Family Services agencies.

On balance, several individuals and organizations confirmed the view that the Office of the Children's Advocate is seen as an objective voice for children and has brought about greater accountability within the system.

Your committee recommends that:

1.5 The Children's Advocate must delegate his authority to ensure greater access to services of the office to children and families in rural/northern Manitoba. Section 8.4 of the present legislation reads that "... the children's advocate may in writing authorize any person to perform any of the duties or exercise any of the powers of the children's advocate."

Presenters also spoke to the need to evaluate the goals and outcomes of the key components of the Child and Family Services system; it was noted that there is a need to define measures which are objective rather than judgmental, and it was further suggested that the annual reports of the Children's Advocate should focus on a critique of the system. The point was made on occasion that the Office of the Children's Advocate should take a proactive role in assessing the strengths and weaknesses of the service system.

Your committee recommends:

1.6 That the Office of the Children's Advocate, the Department of Family Services and other key stakeholders commence a process to develop measures which would evaluate the goals, objectives and outcomes of the Child and Family Services system. The status of this process will be included in the next annual report of the Children's Advocate.

We recommend that:

1.3 The responsibilities of the Children's Advocate office be expanded to all areas of government included in and including the Children and Youth Secretariat and all agencies serving children funded by the provincial government. The Children's Advocate must investigate complaints with an emphasis on problem solving, preventative measures and ensure follow-up on recommendations in areas of services, programs, staffing and policy. These investigations should deal with the government or agency's response to systemic problems, including, but not limited to, poverty, crime, health issues, and achievement in education. In the course of investigation and preventative work, the Children's Advocate should review the responses of government and agencies to recommendations in reports such as the Aboriginal Justice Inquiry, the Health of Manitoba Children (Postl Report), and the Children and Youth Secretariat reports.

1.4 The Children's Advocate resolve any matter regarding compliance recommendations through the use of mediation, conciliation or other culturally appropriate dispute resolution services. Failure to resolve the issue at this level will necessitate a referral to a third-party arbitrator for a binding resolution.