A new Child and Family Services Act received unanimous support last Thursday in the legislature.

Health and Social Services Minister Tracy-Anne McPhee gave a summary of the bill before it was voted on.

She called the process used to develop Bill No. 11 “precedent-setting.

“Given the disproportionate impact that this act has on Indigenous people in the Yukon Territory, this government worked with Yukon First Nations and the Council of Yukon First Nations government-to-government on all amendments in Bill No. 11,” she said.

As of January, there were 81 children in her department’s care, 96 per cent of whom are Indigenous.

“While we have seen a significant decrease in the number of children in care, this number must continue to go down,” McPhee said.

“We must continue to address the over-representation of Indigenous children in care. Every single required action in the report Embracing the Children of Yesterday, Today and Tomorrow was thoughtfully and carefully considered by representatives from 12 Yukon First Nations and the Council of Yukon First Nations.”

McPhee said the policy direction for the bill was developed by consensus by the Child and Family Services Act Steering Committee.

“The Council of Yukon First Nations played a significant role in assuming the role of co-chair and supporting the critical work of the Child and Family Services Act Steering Committee,” she said.

“Embedded in the preamble of Bill No. 11, this government acknowledges the mistakes of the past, and we are on a path with Yukon First Nations to establish a child welfare system based on non-discriminatory values and fundamental child and human rights,” the minister said.

“The Canadian Human Rights Tribunal ruling 41 acknowledges that too many First Nation children were unnecessarily apprehended from their parents and communities and suffered harms that included abuse, the loss of language, culture, and attachment to their families.

“The Canadian Human Rights Tribunal ruling 41 states — and I quote: ‘It is time for a true paradigm shift in Canada so that we do not repeat history.’ ”

The bill will support family preservation and family reunification, she said. It will, she added:

•improve access to cultural activities and establish cultural plans for all children in the care of the director;

•expand transitional support services up to the age of 26 and past this in exceptional circumstances, expanding these critical supports to youth who are leaving extended family care;

•provide access to preventive support services for expectant people at risk of becoming involved in child protection after the birth of a child;

•provide the ability for the director to place children with their extended family or a community member which will result in more children remaining closer to their families, communities, and cultures;

•increase Yukon First Nations’ involvement in decision-making processes with respect to their children;

•increase the level of service quality and accountability; and

•work to improve outcomes for all children and families involved in the child welfare system.

McPhee called the changes “ground-breaking, precedent-setting moves to benefit our children.

“We will continue to tackle the hard pieces and realign resources and supports to where they need to be through the implementation of this newly amended act.”

An implementation focus committee will be established to provide guidance for draft implementation policies and practices alongside other child reform activities.

The details of this committee will be discussed and developed with Yukon First Nations and the Council of Yukon First Nations. A meeting is set for this week.

The Yukon Party members voted in favour of the bill, along with the NDP.

However, in a news release, the official Opposition somewhat contradicted its position.

“The bill passed despite two independent officers of the Yukon Legislative Assembly highlighting that the minister failed to include their input in its development,” the party said.

“On March 23, the Child and Youth Advocate Office (CYAO) wrote to the minister outlining how it was not consulted and did not have a chance to provide comment until after the bill was drafted.

“The CYAO also says the process in which the government came up with the amendments did not allow for consideration of its input,” the Yukon Party said.

“Specifically, the CYAO was concerned that the bill does not uphold the rights of children as outlined in the United Nations Convention on the Rights of the Child.

“In addition, the CYAO says their amendments were part of a Child Rights Impact Assessment tabled in the legislature that were not included in the final bill.”

On March 11, the Yukon Party noted, the Information and Privacy Commissioner (IPC) wrote to all three party leaders “expressing how Bill 11 would have unintended consequences.

“This included having the amendments remove an individual’s right to access certain personal health information under the Health Information Privacy and Management Act.

“We urge the government to consult with both the CYAO and IPC on these matters, and report to the Yukon Legislative Assembly that those concerns have been addressed,” the official Opposition said.

The Yukon Party’s vote in favour of the bill also contradicted its stance during an earlier debate on the bill.

At that time, the proposed changes had the government and the Yukon Party at each other’s throats.

The argument started during question period, when Yukon Party Leader Currie Dixon presented the letter from the office of Annette King, the Child and Youth Advocate, to the government criticizing the changes desired by the government.

“Since the Liberal government tabled amendments to the Child and Family Services Act, a range of stakeholders and officers of the legislature have raised red flags,” Dixon said.

“The Child and Youth Advocate wrote to the minister. In that letter, the advocate said — and I quote: ‘I am gravely concerned that your government intends to push Bill No. 11 through to third reading in the legislative assembly without making the amendments necessary to ensure the bill upholds the rights of children and is compliant with the United Nations Convention on the Rights of the Child.’

“How does the minister respond to these grave concerns raised by this independent officer of the legislature?”

McPhee responded to Dixon’s question, calling Bill No. 11 “innovative” and pointing out First Nations’ involvement in it.

“Unfortunately, those answers and that discussion should have happened before the bill came to the legislature,” Dixon said.

“The letter goes on to say that over the past year, this minister has ignored repeated requests from the office of the Child and Youth Advocate for the information and documents necessary to conduct their review of the bill.

“Here’s a quote from the letter: ‘… your Department of Health and Social Services has essentially ignored our formal requests since May 2021 for a draft of Bill No. 11 for the express purpose of conducting our CRIA (Child Rights Impact Assessment) well in advance of the bill being tabled….’

“Why did the minister of Health and Social Services ignore the repeated requests of the Child and Youth Advocate?”

“Once again, the members of the opposition prove unreliable with respect to the information presented here,” McPhee responded.

“Repeated requests were not ignored. The draft bill was provided to the Child and Youth Advocate as soon as it was ready. A number of other pieces of information requested by the Child and Youth Advocate were provided to her office for the purposes of her doing her work and her evaluation.

“We did, in fact, receive a report that has been considered very carefully by the Department of Health and Social Services, and those individuals — all 14 representatives of Yukon First Nations in the territory, with 12 at the table all the time and two who were kept informed throughout the process — have looked at the concerns expressed in that report.”

Dixon said he had simply read a direct quote from the letter from the Advocate’s office “indicating that her department had ignored repeated requests for information.

“The CRIA makes it clear that amendments are needed to the bill in order to uphold the fundamental rights of children. Will the minister agree to make the legislative amendments recommended by the Child and Youth Advocate?”

King’s office writes, “First, we are of the view that, if members of the legislative assembly work collaboratively in the best interest of Yukon children, Bill No. 11 could be amended to implement our CRIA recommendations and enacted without delay.”

On Friday, King issued a statement on the passing of the bill.

“The amendments to the Child and Family Services Act reflect the findings of the YCAO’s 2019 report Empty Spaces – Caring Connections, particularly the views and experiences of children and youth, families and First Nations.

“Specific attention to keeping siblings together, supporting youth past the age of 24, building cultural plans and reunifying families is exactly what we heard in our review (which included the experiences of 94 children),” states King.

The Advocate adds that “applying a child rights lens is an important step toward healing from the past and providing the best possible outcome for children receiving services from government.

“We are pleased to have had the legislative assembly review our Child Rights Impact Assessment and look forward to working with YG and First Nation partners to ensure the policies and practices that emerge from this transformative legislation will uphold children’s views and rights and address the systemic harm that Indigenous families have endured.”