Third Session- Thirty-Sixth Legislature of the Legislative Assembly of Manitoba Subcommittee of the Standing Committee on Privileges and Elections Chairperson Mr. Peter Dyck Constituency of Pembina Vol. XLVII No.2- 7:30p.m., Monday, May 12, 1997 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Sixth Legislature Member Constituency Political Affiliation ASHTON, Steve Thompson N.D.P. BARRETT, Becky Wellington N.D.P. CERILLI, Marianne Radisson N.D.P. CHOMIAK, Dave Kildonan N.D.P. CUMMINGS, Glen, Hon. Ste. Rose P.C. DACQUAY, Louise, Hon. Seine River P.C. DERKACH, Leonard, Hon. Roblin-Russell P.C. DEWAR, Gregory Selkirk N.D P. DOER, Gary Concordia N.D.P. DOWNEY, James, Hon. Arthur-Virden P.C. DRIEDGER, Albert Steinbach P.C. DYCK, Peter Pembina PC. ENNS, Harry, Hon. Lakeside P.C. ERNST, Jim Charleswood P.C. EVANS, Clif Interlake N.D.P. EVANS, Leonard S. Brandon East N.D.P. FILMON, Gary, Hon. Tuxedo P.C. FINDLAY, Glen, Hon. Springfield P.C. FRIESEN, Jean Wolseley N.D.P. GAUDRY, Neil St. Boniface Lib. GILLESHAMMER, Harold, Hon. Minnedosa P.C. HELWER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. KOWALSKI, Gary The Maples Lib. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar The Pas N.D.P. LAURENDEAU, Marcel St. Norbert P.C. MACKINTOSH, Gord St. Johns N.D P. MALOW A Y, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McALPINE, Gerry Sturgeon Creek P.C. McCRAE, James, Hon. Brandon West P.C. McGIFFORD, Diane Osborne N.D.P. MciNTOSH, Linda, Hon. Assiniboia P.C. MIHYCHUK, MaryAnn St. James N.D.P. MITCHELSON, Bonnie, Hon. River East P.C. NEWMAN, David, Hon. Riel P.C. PENNER. Jack Emerson P.C. PITURA, Frank, Hon. Morris P.C. P.C. PRAZNIK, Darren, Hon. Lac du Bonnet P.C. RADCLIFFE. Mike, Hon. River Heights N.D.P. REID, Daryl Transcona P.C. REIMER, Jack, Hon. Niakwa P.C. RENDER, Shirley St. Vital N.D.P. ROBINSON. Eric Rupertsland P.C. ROC AN. Denis Gladstone N.D.P. SALE. Tim Crescentwood N.D.P. SANTOS, Conrad Broadway P.C. STEFANSON. Eric. lion. Kirkfield Park N.D.P. STRUTHERS, Stan Dauphin PC. SVEINSON. Ben La Verendrye P.C TOEWS, Vic, lion. Rossmere P.C. TWEED, Mervin Turtle Moumain p C. VODREY, Rosemary. lion. Fort Garry N.D.P. WOWCHUK, Rosann Swan River Vacant Portage Ia Prairie 25 LEGISLATIVE ASSEMBLY OF MANITOBA THE SUBCOMMITTEE OF THE STANDING COMMITTEE ON PRIVILEGES AND ELECTIONS Monday, May 12, 1997 TIME- 7:30 p.m. MATTERS UNDER DISCUSSION: The Review of the Sections of The Child and Family LOCATION- Winnipeg, Manitoba Services Act pertaining to the Officeof the Children's Advocate. CHAIRPERSON- Mr. Peter Dyck (Pembina) *** Mr. Chairperson: Good evening. Will the ATTENDANCE- 5 Subcommittee of the Standing Committee on Privileges and Elections please come to order. This evening the Members of the Committee present: subcommittee will be considering a review of the sections of The Child and Family Services Act pertaining to the Officeof the Children's Advocate. Messrs. Dyck, Helwer, Kowalski, Martindale, Tweed The subcommittee will be holding hearings in Winnipeg this evening, May 15, at I 0 a.m. and on the WITNESSES: afternoonsof May 20 and 21 commencing at 3 p.m. and on the evening of May 20 starting at 7:30 p.m. Mr. Wayne Reid, Private Citizen Ms. Judy Reid, Private Citizen We have had a number of persons registered to Ms. Lore Mirwaldt, Private Citizen speak, and I will now read aloud the names of the Mr. Harvy Frankel, Faculty of Social Work, persons who will be presenting this evening: Wayne University of Manitoba and Judy Reid, Lore Mirwaldt, Harvy Frankel, Ingrid Ms. Ingrid Zacharias, Private Citizen Zacharias, Susan Swaigen, Gordon D. Gillespie and Ms. Susan Swaigen, Private Citizen Claire Toews. WRITTEN SUBMISSIONS: I should indicate to the public that it has already been agreed by the subcommittee that no additional Doug Crookshanks, Westman Child & registrations will be accepted. In addition, I would like Adolescent Mental Health Program to remind those presenters wishing to hand out written Bettie L. Goossen, Private Citizen copies of their briefs to the subcommittee that 15 copies Ronald and Amelia Wesley, Private Citizens are required, and if assistance in making the required Evelyn Thorgeirson, Private Citizen number of copies is needed, please contact either the Merlyn Rotter, Manitoba Youth Centre Chamber Branch personnel located at the table at the Neta Friesen, Claudette Dorge, Donna Pierce, rear of the room or the Clerk Assistant, and the copies Claire Milgrom, Child Protection Centre, Health will be made for you. Sciences Centre Glynnis Fiddler, Wood's Homes, Parkdale Centre I have a list of written submissions received prior to Manitoba Association fo r Rights and Liberties the April 30 deadline, and I will read that list: Doug Anishinaabe Child & Family Services Inc. Crookshanks, Regional Program Supervisor; Bettie L. Kathleen Tessier, Health & Family Services, Goossen; Ronald Wesley; Evelyn Thorgeirson; Merlyn Thompson Region Rotter; Neta Friesen, Claudette Dorge, Donna Pierce Kenneth G. Knight, Child and Family Services of and Claire Milgrom, all one; Glynnis Fiddler, Wood's Western Manitoba Homes, Parkdale Centre; Manitoba Association for 26 LEGISLATIVE ASSEMBLY OF MANITOBA May 12, 1997 Rights and Liberties (MARL); Anishinaabe Child & accordingly public meetings have been scheduled in Family Services Inc.; Kathleen Tessier, Health & Winnipeg, and several people fromrural Manitoba have Family Services, Thompson Region; and Kenneth indicated their desire to be heard both here and via Knight, the CEO for the Child and Family Services of teleconferencing. I appreciate the co-operation of the Western Manitoba. members of the subcommittee and the public who agreed to delay the start of the proceedings until this Copies have been made fo r subcommittee members evening due to the flood. and were distributed at the start of the meeting. Is it the will of the subcommittee to have these submissions The committee will be accepting both written and appear at the back of the subcommittee transcript oral presentations. The public was informed of the prepared fo r today's meeting? [agreed] review and of the process fo r registering and submitting presentations on this matter through the placement of For the benefitof the presenters, I should also point advertisements in newspapers throughout Manitoba. out that the subcommittee has established a time limit Even with the delay in the proceedings, I believe it is on presentations and questions. The time limit per still the intention of the committee to report back to the presentation is 20 minutes with a maximum of 10 Legislature by May 30. The views of Manitobans will minutes for questions to be addressed. be considered with respect to possible amendments to this legislation. Through this process Manitobans will Once again it is a pleasure fo r me to introduce to the have the opportunityto present their views directly to Standing Committee on Privileges and Elections of the members of the Legislative Assembly. I am pleased to Manitoba Legislative Assembly the review of the welcome all those who will present their views Office of the Children's Advocate. This review is in regarding the Officeof the Children's Advocate to the accordance with the requirements of the section of The subcommittee. Child and Family Services Act which pertains to the Children's Advocate. With that, I would like to welcome everyone here. As our first presenters, I would like to call on Wayne I would like to mention that the position of the and Judy Reid. Please come forward. Do you have Children's Advocate was established by amendment to written copies of your brief for distribution? The Child and Family Services Act in June of 1992. The legislation governingthe position was proclaimed * (1940) in May of 1993. The primary function ofthe Office of the Children's Advocate as set out in the legislation is Mr. Wayne Reid (Private Citizen): Yes, we do. to represent the rights, interests and viewpoints of children and youth involved in the Child and Family Mr. Chairperson: Thank you. We will just wait till Services system. The Children's Advocate has the duty they are handed out. Again, I want to thank you fo r of advising the Minister of Family Services on matters appearing here tonight. We do appreciate the time and relating to the welfare and interests of children who are effort that you have taken to do this. With that, I will receiving services under the act. The position also ask you to proceed with your presentation, please. responds to and investigates complaints relating to children who are receiving or who are entitled to Ms. Judy Reid (Private Citizen): Good evening. We receive services. are Wayne and Judy Reid. We reside in the city of Calgary. We are here tonight because we fe lt-orit was One of the provisions of this legislation is that within our understanding that the Office of the Children's three years of coming into fo rce a committee of the Advocate was to work on behalf of the child or to be Legislative Assembly shall undertake a comprehensive concerned about the best interests and what the child review of that part of the act which governs the wants. We believe in our case that did not happen, and Children's Advocate. I am pleased to chair the what our presentation is tonight is what we have gone committee which will review this important legislation. through, us, our granddaughter and our family, over the The process is intended to be a public review, and past fo ur years. May 12, 1997 LEGISLATIVE ASSEMBLY OF MANITOBA 27 We would like to begin our presentation by reading determined that Winnipeg Child and Family Services ­ you excerpts from letters we have received with respect East Area had acted in the best interests of your to improprieties done by Child and Family Services granddaughter." regarding all issues surrounding our granddaughter In January 1993, our son, Ken Reid, had custody of Melissa.