Alberta law on naming foster children restrictive: lawyer

The Alberta law preventing media from reporting the names of a three-year-old boy and the foster mother charged with second-degree murder in his death are among the most restrictive in Canada, says a lawyer.

Lawyer Amy Zarzeczny studiedsimilar laws in other provinces and says Alberta's two-year-old provincial legislation, called the Child, Youth and Family Enhancement Act, may actually be the most restrictive.

"In some cases, one could argue it protects the system and prevents the public from receiving information in cases where that information would not result in any harm to the child," she said.

"And a deceased child, of course, doesn't have the same needs for protection that a living child does, and in that case it really does raise the question of who the section is protecting."

Foster mother in court Monday

The32-year-old foster mothermade a brief appearance in court Tuesday. She'll be back in court March 5.

She's charged with second-degree murder, assault causing bodily harm, child abandonment or failure to provide the necessities of life.

The woman is being represented by high-profile defence lawyer Robbie Davidson, who told the court he intends to make an application for bail.

Under the Child, Youth and Family Enhancement Act, neither the child's namenor the woman's identitycan be made public because her two biological children are in the care ofchildren's services.

"No person shall publish any information serving to identify a child who has come to the minister's or a director's attention under this act or any information serving to identify the guardian of the child," reads the section.

John Dunn, a former foster child and founder of the Foster Care Council of Canada, questions just who Alberta's legislation is really protecting with the law.

"It appears to be more intended to protect the organizations that provide the services in many cases, where they can sort of hide behind this veil of secrecy whenever something goes wrong," said Dunn.

"There's a lot of good people in the system of course.But like anything, you have to have transparency in order to provide accountability."

Dunnsaid it's important for the public to knowthe details rather than an anonymous death.

"I would call it depersonalizing. It just turns it into a stat or a passing story," he said.

Keeping children safe and protected: province

CBC News has challenged the scope of the act in a different case involving a young person now before the courts. CBC News was charged last year and a judge will hand down a decision on that matter next month.

A government spokesperson said Children's Minister Janice Tarchuk couldn't comment on the act because of the legal proceedingsinvolving the CBC.

According to the province's website, the act "supports the development and well-being of Alberta's children, youth and families while keeping them safe and protected.

"It is groundbreaking legislation that responds to the needs of today's families and demonstrates the Alberta government's commitment to children."