Ontario to strengthen independence of child advocate

Community Action, March 21, 2005

TORONTO -- Ontario's Child and Youth Advocate will have a more independent role in the government, Children and Youth Services Minister Marie Bountrogianni announced. New legislation would make the child and youth advocate an officer of the legislature, as independent as the auditor general.

The child and youth advocate looks into questions of young people, including children, youth and families involved with the justice system, foster, group or residential care, or with physical and developmental disabilities.

Under the new law, the advocate would be selected by an all-party legislative committee and report directly to the legislature. Currently, the advocate reports to the Minister of Children and Youth Services.

A review, A New Advocacy Model for Child and Youth Advocacy in Ontario of the advocate's office, was recommended. The review provided research and recommendations on ways to enhance the advocate's independence to better protect the interests of children and youth.

The proposed changes are based on a report, A New Advocacy Model for Child and Youth Advocacy in Ontario, completed in Aug. 2004.

Among the study recommendations are these:

* The mandate of the new Child & Youth Advocate should largely correspond to what the present OCFSA actually does: that is, be an advocate for children whose voice is potentially diminished as a result of their being in the care of the state;

* The Office should respond to complaints from children, parents and others about services provided to children in the care of the state as well as children with developmental and other special needs who live at home;

* The Advocate should make recommendations and engage in informal dispute resolution and advocacy for children and, in limited circumstances, conduct reviews of service, participate in Coroner's Inquests and provide policy advice to the Legislature;

* The Child & Youth Advocate should not engage in formal advocacy in courts or before tribunals, or carry investigative or adjudicative functions, roles that should be left to other agencies and bodies.

* The Child & Youth Advocate will present reports to the Legislature on the level and nature of services.

* Performance indicators for the Office that apply to the Ombudsman and the Children's Lawyer may be adapted for the Advocate.

* More resources should be provided for research, policy, and administrative structure (including a Deputy Advocate) and access to legal counsel.

The report was prepared by Whitehead Research Consultants Limited and the study team included: Paul C. Whitehead, Nicholas Bala, Alan W. Leschied, and Debbie Chiodo.

"Elevating the position of the child and youth advocate to the same level of independence as the auditor general sends a powerful message that this government is serious about accountability and transparency," said Judy Finlay, Ontario's Chief Advocate for the past 14 years.