Victoria MAY 04 2018 /ssiidavit of Mary Bllen Turpel-Lafond No. 1 (May 4, 2010) No. 10 1956 Victoria Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: REPRESENTATIVE FOR CHILDREN AND YOUTH PETITIONER, AND: OFFICE OF THE PREMIER MINISTRY OF CHILDREN AND FAMILY DEVELOPMENT RESPONDENTS ARBIDAVIT 1, MARY ELLEN TURPEL-LAFOND, of 201-546 Yates Street, Victoria, British Columbia, MAKE OATH AND SAY AS FOLLOWS: 1. Lam the Representative for Children and Youth for British Columbia. I was appointed to this office pursuant to section 2 of the Representative for Children and Youth Act, $.B.C. 2006, ¢. 29 (RCYA). 2, The facts stated in the Petition are true to the best of my knowledge and belief. The facts stated at paragraph 12-15 of the Petition, which I verily believe to be true, are based on information my office received prior to and during the ongoing audit of the Child in the Home of a Relative Program (CIHR Program). 3. Attached as Exhibit “A” to this my Affidavit is a true copy of an excerpt fiom the February 20, 2010 Speech From the Throne, referred to at paragraph 17 of the10. i Petition, announcing the Government's intention to “modernize and improve upon” the CIHR Program. ‘Attached as Exhibit “B” to this my Affidavit is a true copy of a Match 1, 2010 Information Bulletin issued by the Ministry of Children and Family Development (MCFD) headed “New Program Improves Outcomes for Children and Families”. Attached as Exhibit “C” to this my Affidavit is a true copy of my March 5, 2010 jer for MCFD. letter to the Deputy Mi Attached as Exhibit “D" to this my Affidavit is a true copy of a March 12, 2010 letter I received fom an MCED official in response to my March 5, 2010 letter. ‘Attached as Exhibit “” to this my Affidavit is a true copy of the March 24, 2010 cover referred (o at paragraph 21 of the Petition, ‘Attached as Exhibit “F” to this my Affidavit is a true copy of the April 15, 2010 email from Associate Deputy Representative John Greschner to MCFD’s Chief Operating Officer, referred to at paragraph 23 of the Petition. ‘Attached as Exhibit “G” to this my Affidavit is a true copy of my April 20, 2010 letter to the Minister of Children and Family Development (without attachments), referred (o at paragraph 24 of the Petition, ‘Attached as Exhibit “H” to this my Affidavit is a true copy of the Minister for Children and Family Development's April 22, 2010 letter to me, referred to at paragraph 25 of the Petition. ‘Attached as Exhibit “I” to this my Affidavit is a true copy of my April 22, 2010 letter to the Premier (without attachments), referred to at paragraph 26 of the Petition.12. 13. 14. 15. 16. 7. 18. ‘Attached as Exhibit “I” to this my Affidavit is a true copy of the April 29, 2010 letter from the Premiers Deputy Minister to me, referred to at paragraph 28 of the Petition. Aitached as Exhibit “K" to this my Affidavit is a true copy of my April 29, 2010 letter to the Premier’s Deputy Minister, which letter is referred to at paragraph 29 of the Petition. ‘After sending Exhibit “K” to the Premier’s Deputy Minister, I leamed that the Govemnment introduced into the Legislative Assembly Bill 20, the Miscellaneous Statues Amendment Act (No. 3) 2010, Based on my reading of the relevant provisions, referred to at paragraphs 30 and 31 of the Petition, the Government's intention is to retroactively abolish any right the Representative has to Cabinet documents under section 10 of the RCYA Order #3 in the Petition seeks an order “for short leave abridging the usual periods for Appeerance, Response and Notice of Hearing so as to enable the hearing of this Petition to take place no later than May 13, 2010." Paragraphs 16 to 19 of this Aflidavit outline the basis for that request. I haye instructed my office to monitor the Legislative Assembly's website live broadcasts of Hansard, My staff advise me, and I verily believe, that as at the time this affidavit is swom, Bill 20 has not yet progressed past First Reading, Thave reviewed the Parliamentary Calendar issued by the Legislative Assembly on its website, a true copy of which calendar is attached as Exhibit “L” to this my Affidavit. The Parliamentary Calendar shows that unless otherwise ordered, the Legislative Assembly will sit this week until Thursday May 6, following which the next sitting day will be Monday May 17, 2010, at which time the House is scheduled to sit for three consecutive weeks, T take the Respondents* response fo my letters to be a clear refusal to provide the documents under section 10. Having exhausted all reasonable alternatives toobtaining the information which I believe the Respondents are under a legal duty to provide to me under section 10 of the RCYA, access to this Court is the only avenue Thave left to enforce my statutory rights under section 10. 19. ‘The Government’s intention to pass a retroactive law is not, as T understand the law, ‘an excuse for an ongoing failure by the Respondents to comply with their present egal duty. However, if lam unable to obtain gain access to this Court to adjudicate this Petition before the retroactive law is passed, I will lose the ability to assert my legal rights altogether. 20. I swear this affidavit in support of the relief sought in the Petition and for no other purpose. SWORN BEFORE ME, at Victoria British Columbia, this 4th day of May 2010 missioner for taking Affidavits in Britfsh Columbia FRANK A.V. FALZON Law Corporation Sulte 200 - 8561 Shelbourne St. Victorla, B.C, V8P 4G8 (250) 384-3995This is Exhibit Affidavit of... Sworn befor Wise at the City of in the Province of th British Columbja of. BRITISH COLUMBIA SPEECH FROM THE THRONE ‘The Honourable Steven L. Point, OBC Xwe li qwél tél Lieutenant-Governor at the — Opening of the Second Session, “Thirty-Ninth Parliament —of the — Province of British Columbia February 9, 2010New Support FOR FAMILIES WITH CHILDREN Investment in our natural capital must be matched with investment in our human capital if we are to secure and protect our grandchildren’ future. Strengthening families is at the centre of out economic and social agenda. Government will take steps to renew and revitalize education, to assist families with children and to secure affordable health care for our grandchildren. Education improvements will focus on the individual and unique needs of our children, New research gives usa clear view ofa way ahead that will provide for the special gifts and special needs of every child in the province. Early childhood development creates brighter prospects forall our children. Aswe help children discover their passions and interests, so we will find our future asa province, StrongStart BC Centzes will continue to support the Teatning needs of children and their families. Voluntary, full-time kindergarten for five-year-olds will begin this September. Tewill be fully funded and in every school by September 2011. —19—New partnerships with the private sector and parents will enable the establishment of neighbourhood preschools for four-year-olds and three-year-olds within communities over the next five years. They will provide families new voluntary options for public and private preschool across B.C. Several other initiatives will improve services for children and families. Anew Extended Family Program will modernize and improve upon the Child in the Home of a Relative program, to provide increased assistance, broader supports and new safeguards for children. A new $180-million integrated case management information technology system will deliver better front-line services and supports to women, children, income assistance recipients and those most vulnerable, Significant changes will be introduced to improve timely access to justice, combat crime, reduce impaired and dangerous driving and improve public safety. ‘Your government will work with municipalities to dramatically reduce housing costs for young families and to ptovide increased opportunity for homes they can afford in existing neighbouthoods. Government recognizes that families with children face additional costs. ‘A now Family with Children Property Tax Deferral Option will be provided to all B.C. families with children under the age of 18. —20—This is Exhibit 0 referred to in the Affidavit of ABR 289 TREE LA s.. ‘Sworn before me at the Clty of ‘WSWAN........ in the Province of this. ANB day ,A.D., 2010 2010CFD0003-000208 Ministry of Children and Family Development March 1, 2010 NEW PROGRAM IMPROVES OUTCOMES FOR CHILDREN AND FAMILIES VICTORIA — Beginning April 1, 2010, the Ministry of Children and Family Development's new Extended Family Program (EFP) will offer supports to families when children aro temporarily unable (olive with their parents. ‘The goal of the program is to encourage strong, stable home environments and improve outcomes for children and youth and their families. For families whose situation warrants it, EEP will offer substantive elements over and above the financial assistance provided by the Child in the Home of a Relative program (CIHR), including: ‘+ Individual assessment and long-term planning. + Increased supports for children, parents and caregivers. Supports will vary according to need, but may include counselling, respite and/or training. ‘The Extended Family Program is consistent with a number of other out-of-care options offered by the ministry such as Youth Agreements, Agreements with Young Adults, and Post- Adoption Assistance, EPP is also aligned with the child-centred approach the ministry is adopting through Practice Change and its Strong, Safe and Supported Action Plan, ‘New applications for the Child in the Home of a Relative prograin will not be accepted after March 31, 2010. Current CIHR clients will continue to receive financial assistance as long as their file remains open and they — and the child or youth in their care ~ meet the criteria for assistance under the existing CIHR program. The Ministry of Housing and Social Development will continue to deliver CIHR under existing regulations and policy. As of April 1, 2010, all families requesting supports previously provided by the CIHR. progtam may choose to access a range of other services, including BFP, depending on their individual circumstances and needs. ‘As the Extended Family Program is implemented, feedback from families and caregivers —as well as MCED and Delegated Aboriginal Agency staff —will be sought and, where possible, incorporated into service delivery. -more-© For more information about EFP and other programs supporting children, youth and families, please visit the ministry's website: www. Iternativestofostercare/index.htm -30- Media Contact: Christine Ash Media Relations Manager 250 356-1639 For more information on government services or to subscribe to the Province’s news feeds using RSS, visit the Province’s website at wwvw,gov.be.ca.2 REPRESENTATIVE FOR CHILDREN AND YOUTH March 6, 2010 hesley ana Affidavit of. Teese Jeputy Minister 5 be the Cit Ministry for Children and Family Development ma ci eg OT ie 4® Floor, 785 Broughton Street is. S oe day Vietorla BC VaW 1E2 of ; Dear Lesley du Toit: i ‘As you know, my office Is undertaking a formal audit of the Child in Home of a Relative (CIHR) Program. This audit is being conducted under s. 6(b) of the Representative for Children and Youth Act (RCYA). Section 10 of the RCYA states as follows: Right to information 40 (1) Inthis section, "officer of the Legislature” has the same meaning as in the Freedom of Information and Protection of Privacy Act, but does not include the representative. (2) The representative has the right to any information that (a) Is In the custody or control of () apublic body other than an officer of the Legislature, or (i) adirector, and (b) is necessary to enable the representative to exercise his or ‘her powers or perform his or her functions or duties under this Act. (3) The public body or director must disclose to the representative the information to which the representative is entitled under subsection (2) (4) This section applies despite (@) any claim of confidentiality or privilege, other than a clalm based on solieitor-lient privilege, and (b) any other enactment, other than a restriction in section 51 of the Evidence Act. The February 10, 2010 Speech from the Throne announced as follows (p. 20): ‘Anew Extended Family Program will modernize and improve upon the Child in the Home of a Relative program, to provide increased assistance, broader supports and new safeguards for children. Head fice 201-648 Yeas Stest PO. Box 9207Si Pro Gait Vetone, BC VEWONT 17250 9538710 T-F1 8004703009 F 250.258 0887 Brey@ryboee wineseybeeaPage 2 Additionel detalls about this new program were released publicly on March 1, 2010. In acter fo make meaningful recommendations es part of my audi, itis essential that | fully understand the proposed or planned changes to ‘the Child in the Home of a Relative Program and Its replacement by the Extended Family Program. Pursuant o 6. 10 of the RCVA, | require full disclosure of all Information in your custody or control pertaining to the proposed changes, including all information in your possesslon perfaining to: the rationale forthe proposed changes, any changes In the eeepe of the program, the ferms and conditions that wil be necessary in order to quallfy tinder any allered program, planning and implementation relating to the grandfathering of existing CIHR clients, all program administration Information, including applicetion/eontracts end Ministry qual assurance procedures. Please note that this request Includes eny Cabinet submission your Ministry may have prepared to support the proposed changes, which you are also une a legal duty to provide under ss. 10(3) and (4). Would you please attach to the package your signature confirming that all of the requeeted materials have been sent and provide the completed package no later than larch 17, 2010. Sincerely, recipi pad. Mary Ellen Turpel-Lafond Representative for Children and Youth pe: Hon. Mary Polak, Minister ‘Representative for Chiléen and Youth, Belch Columbiahs Brivis RECEIVED 3327 COLUMBIA aR 17 2010 March 12, 2010 REPRESENTATIVE ron ESREL Four Our Ref: 191903 RCY Ref; 13256 1-] This is Exhibit vi red Mary Ellen Turpel-Lefond it 7 refered ‘on the Rey ive for Children and Youth Affidavit of. Uifee of the Representative for Children and Youttivern before me at the City of #201 — 546 Yates St se NASSORNG in the 20 Box 9207 Stn Prov Govt ae ee z Victoria, BC V8W 931 ‘Dear Mary Ellen Turpel-Lafond: + aan writing in response to your letter of March 8, 2010 60 Def 1 ar ifn Tol eequeeting ioformation pertaining 19 ie Child in Home of Relative Lesley €¥ Give) and the extended Family Program (7 fn conjunotion with your Jong standing audit project. MCED hes enquired on a:number of occasions on the soot, of the CIHR audit your arcry undertook beginning in October, 2008. While the audit project has and Sacorporated phases initially unforeseen, Representative’s office staff have always. incorpo are that the scope of the project was spect 1 ‘the screening function which oat ded to the CAR program in January 2005 ‘the request of the Ministry of Housing and Social Development which had esponsibility for the program at that Une. While MCRD is pleased to provide the fofermation you request, there is Hikoly THe relevance to an audit speciic to the CIHR coreening function. Should your letter arte retive of a change in the scope of your aut ‘and report, I would appreciate Peng advised of the true ecope a8 soon. 48 can be arranged, MORD's Interface unit is currently identifying the information we have which meets eee eeription in your information request. Cabinet ‘documents identified as the Sistent with your request will be provides upoe ‘dentifying for government the contour request, the relevant materials, and om obligation to provide them to Jou. The Interface wnit has demonstrated on ‘effective and efficient capacity for yori aging tn work. We will deliver the result. ‘of the work consistent with your request as soon as can be managed. wuld Mtnatry of ‘Oftce ofthe Mailag Aderess: ‘Telephone: 280:287-9006 children and {Caf Operating Offer POBOK 8721 Sin Prov Got Fecsinle: 2209668804 Family Development Meta, arise Columbia VBW O82