Hon. MaryAnn Mihychuk - 8:51
CPC (BC)
...More
Madam Chair, we heard through the committee hearings that the degree of discussion with the provinces and territories was anywhere from minimal to, in some cases, non-existent.
This Liberal government prides itself in saying it is collaborative, that it's going to work in collaboration and build relationships. I believe all the provinces probably exceed the standards or are equivalent, but to take a piece of legislation and impose it on the provinces in an area of their constitutional jurisdiction is sort of.... It should have had agreement and sign-off by the provinces, as we also heard from some constitutional lawyers.
The amendment to clause 7 is meant to respect the provinces and territories. This government has work to do in that area.
...Less
Hon. MaryAnn Mihychuk - 8:55
Hon. MaryAnn Mihychuk - 8:56
CPC (BC)
...More
I take exception to that comment.
When you perhaps have someone who is living off reserve in Toronto, or another urban setting where the communities have not assumed responsibility, you have a provincial system that has responsibility under our Constitution.
This is not offensive. This is strictly about ensuring you have had that conversation with the provinces and territories. You talk about co-development. Co-development should have included the provinces and the territories.
...Less
Hon. MaryAnn Mihychuk - 8:57
CPC (SK)
...More
Madam Chair, I would agree with the last statement.
We heard from the Saskatoon Tribal Council, off reserve, where there are issues in my city of Saskatoon. There are issues in Manitoba. There are issues in Saskatchewan and Ontario.
I just want it on the record that there are issues off reserve, and this is why this statement is important.
(Amendment negatived [See Minutes of Proceedings])
(Clause 7 agreed to on division)
(On clause 8)
...Less
Hon. MaryAnn Mihychuk - 8:58
Hon. MaryAnn Mihychuk - 9:03
CPC (BC)
...More
We are prepared to support this particular amendment. I think it adds some valuable increased definition. I don't see the one line regarding funding as being prescriptive. I just see it as saying that it needs to be added to the framework.
...Less
Hon. MaryAnn Mihychuk - 9:03
Hon. MaryAnn Mihychuk - 9:04
Ind. (ON)
...More
Yes, thank you.
This is a fairly straightforward amendment. It was received on the basis of feedback that I heard from indigenous peoples: that they want it to refer not to “a child's well-being is often promoted when”, but to “a child's best interests are often promoted when”. This is because the concept of best interests is a concept that I heard repeatedly, particularly from first nations with regard to the highest goal that they were seeking. It was more inclusive of considering cultural continuity, and we certainly heard that cultural continuity is something that is at risk when children are taken from their homes. I think that it would not take much to change that to say that it is a child's best interests that we are seeking.
...Less
Hon. MaryAnn Mihychuk - 9:06
Hon. MaryAnn Mihychuk - 9:07
CPC (BC)
...More
We certainly thought this was an appropriate change. If you look at the big title in clause 9, “Principle—best interests of child”, this has been consistent. If my colleague's argument is to hold any water, then perhaps the principle needs to be well-being of the child and that was an error, so the argument against this particular change does not make any sense.
(Amendment negatived [See Minutes of Proceedings])
...Less
Hon. MaryAnn Mihychuk - 9:07
Hon. MaryAnn Mihychuk - 9:16
CPC (AB)
...More
This looks like it deletes the whole “best interests of the child” principle, lines 19 to 23. It's an interesting one.
I can't remember what her name is right now, but she talked about the fact that the “best interests of the child” is defined by the Government of Canada and not by indigenous communities, and that's why they would like to be able to define what “best interests of the child” is, and they're worried about this being in this bill.
...Less
Hon. MaryAnn Mihychuk - 9:17
Hon. MaryAnn Mihychuk - 9:17
CPC (BC)
...More
I perceive that when agreements are being made with the groups that definition will be very much a part of the agreement, so I think to be silent on that issue right now would not be good. I see that there is opportunity, as I indicated, as the agreements are reached between particular nations and the government.
...Less
Hon. MaryAnn Mihychuk - 9:17
Hon. MaryAnn Mihychuk - 9:18
CPC (AB)
...More
I just remembered Pam Palmater saying that the scariest words in Canada are, “we're the government and we're here to act in the best interests of the child”. That's all I'm going to say about that.
...Less
Hon. MaryAnn Mihychuk - 9:18
CPC (BC)
...More
Again, I will not be supporting this particular amendment. I think they are absolutely critical concepts, but they need to be done in conjunction with the agreements that are made as the services are assumed.
...Less
Hon. MaryAnn Mihychuk - 9:19
Hon. MaryAnn Mihychuk - 9:25
CPC (AB)
...More
I'll move that.
We heard from the Assembly of Nova Scotia Mi'kmaq Chiefs and from Mr. Morley Watson about the fact that the circumstances of the child should be determined by the inherent indigenous, legal and community standards. I'm trying to clarify who determines what the best interest of the child is in this particular case.
I'm hoping we can adopt this amendment so that the best interests of the child are determined from the perspective of the indigenous community, not by some bureaucrat in Ottawa.
...Less
Hon. MaryAnn Mihychuk - 9:26
Hon. MaryAnn Mihychuk - 9:30
CPC (AB)
...More
I'll move this amendment.
This would add:
(f.1) the importance for the child of ensuring a continuity of care through the provision of child and family services;
We heard this on numerous occasions. Specifically, it's outlined as a recommendation in the Canadian Bar Association's brief. I think it would be important to definitely put this in there as a piece of the framework, the piece of legislation, to ensure that. This whole piece of legislation is to ensure that children don't fall through the cracks. I think this amendment definitely clears that up. It's probably the most crucial piece for that. Thanks.
...Less
Hon. MaryAnn Mihychuk - 9:31
Hon. MaryAnn Mihychuk - 9:41
CPC (BC)
...More
I have a question for our legislative clerk.
I know we kept the definitions until the end. Where I struggle is with the “chicken and the egg”. If this particular amendment passes, we've introduced the concept of maltreatment without a definition. Could I have your opinion on whether that create challenges legislatively?
...Less
Philippe Méla - 9:41
Hon. MaryAnn Mihychuk - 9:44
Ind. (ON)
...More
I propose this amendment to clause 12. This and my following two amendments all have to do with the fact that children are often taken from their parents without proper warning to the parents, without proper preventative measures being put in place and without information about what's being done.
This particular amendment in clause 12 has to do with adding some clarity of language so that there's a requirement for the service provider to give information as to exactly what measure is being contemplated for the child, and there would be advance notice of such.
There is also a part of this amendment that speaks to the privacy provisions in here so that there's no personal information about the child in the notice that's given unless it's necessary to convey information about the measure and that there should be a privacy officer to ensure that information is treated in the manner that is respectful. I heard stories of people where their privacy was not protected when children were taken from them. Unfortunately, the privacy of the child and family was not respected.
...Less
Hon. MaryAnn Mihychuk - 9:46
CPC (BC)
...More
We will be supporting this amendment. We see it as adding some positive scope to this particular piece of legislation, especially the language around privacy protection.
...Less
Hon. MaryAnn Mihychuk - 9:46