Today a law student called me to ask about the implementation of the Motherisk Commission’s recommendations. She is writing a paper about the challenges faced by Black and Indigenous parents in child protection cases. /1 https://twitter.com/emmajcunliffe/status/1329237855705579520
I told her that the Ontario government has, as far as I can tell, implemented none of the recommendations other than the amendments to the Ontario Family Law Rules enacted in Sept 2019. (The Rules Committee includes MAG representation but is chaired by a judge.) /2
None of the measures designed to make it easier for families to navigate the child protection system have been implemented. /3
None of the measures designed to improve and support parents’ ability to make full answer and defence, guaranteed by the Charter, have been implemented. In fact, legal aid and duty counsel services for parents have been cut. /4
None of the recommendations about training of child protection workers or counsel have been implemented, as far as I know. I have heard that the report has not even been discussed at children’s aid societies. /5
No guide has been created for CAS counsel, as recommended. The Law Society has not made child protection a certified specialized practice, as recommended. /6
Disclosure rules have not been amended, as recommended. /7
A specialized child protection clinic to bring test cases and support parents’ lawyers has not been created, as recommended. /8
None of the recommendations regarding the taking and testing of bodily samples have been implemented. /9
To my knowledge none of the recommendations regarding family-inclusive substance use programs and parent advisory committees have been implemented. /10
The recommendation to create an advisory committee to assist in the implementation of the recommendations was never created, nor has there been any annual child protection summit as recommended. By now there should have been two. /11
My sense is that this government and the other bodies responsible for the child protection system and justice system have almost completely ignored this report. This after more than 56 families had their children removed on the basis of this unreliable hair testing. /end
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