Yukon Party blocks ombudsman’s testimony

Concerns about amendments to the proposed Child and Family Services Act deserve proper debate in the legislature, says NDP Leader Todd Hardy.

Concerns about amendments to the proposed Child and Family Services Act deserve proper debate in the legislature, says NDP Leader Todd Hardy.

Much of the debate in the house Thursday focused on the proposed act with a letter from Tracy-Anne McPhee, the territory’s ombudsman and privacy commissioner, being tabled before question period.

McPhee has taken issue with the impact the new act would have on the protection of privacy for Yukoners.

First nations in the territory have also been vocal over concerns about the proposed changes throughout the review of the legislation.

Yesterday, Hardy tabled a commentary written by Andy Carvill, the Council of Yukon First Nations’ (CYFN’s) grand chief.

Published in Thursday’s Star, the commentary addressed a variety of issues and argued first nations were not given enough time to review the draft legislation. He then urges the Yukon government to take time to “get it right.“

In an interview this morning, Hardy argued the opposition had tried during debate Thursday to have the government set aside time that would permit

McPhee to come forward and voice her concerns. Opposition members also proposed a number of amendments to address issues already raised with the government.

“They’re not going to entertain a single one,“ Hardy said.

In her five-page letter, McPhee outlines the impact the proposed act would have on privacy.

“The proposed Child and Family Services Act will govern work that involves the constant collection and use of personal information,“ her letter reads.

“The currant privacy protections and access provisions set out in the Access to Information and Protection and Privacy Act (ATIPP Act) will be significantly affected and in some instances removed completely by the proposed legislation.

“In addition, the proposed legislation may impact on the ability to access information necessary for an independent investigation pursuant to the Ombudsman Act.“

Liberal house leader Gary McRobb proposed that McPhee appear as a witness with Hardy and Liberal Leader Arthur Mitchell speaking in favour as well, but the governing Yukon Party defeated the bid 9-6.

“I would conclude by restating that it is paramount we get this legislation right, not only to best provide for our children but also to ensure this bill does not
compromise other existing legislation such as the Access to Information and Protection of Privacy Act and the Ombudsman Act,“ McRobb said after
moving that McPhee appear as a witness.

Hardy supported McRobb’s move, noting the need to have witnesses speak to the legislation has been demonstrated “in order for us to make a good decision, a sound decision and get this act right.“

It’s important for legislation not to conflict with other laws already in place, Mitchell emphasized.

“The concern is that the Ombudsman/Information and Privacy Commissioner has not had an opportunity to previously review the bill in its entirety, but only was consulted about the specific question of a child advocate, which, as it turns out, is really not included in this bill,“ Mitchell said.

This morning, Hardy argued he will continue working to ensure there is proper debate before legislation is passed; however, the limited amount of time in the legislature makes that difficult.

“We will do everything we can to make this a better act,“ he said.

With the spring sitting of the legislature set to conclude on May 15 and debate on the budget still having to take place, it becomes harder for opposition to properly debate matters and allows the government to simply wait until the clock runs out without answering questions, Hardy argued.

“That’s where we’re being pushed into the corner,“ he said.

The situation prompted him to bring forward a motion Thursday that would allow for more time to examine legislation and the budget.

“We are limited in what we can do,“ he said.