N.L. child advocate will step back during early stages of sexual exploitation review
Linda Clemens Spurrell says conflict of interest 'screen' is in place
Newfoundland and Labrador's child and youth advocate says she won't be in direct receipt of any files from the province's child welfare department during the early stages of an investigation into the handling of sexual exploitation allegations.
Linda Clemens Spurrell has drawn criticism from the province's opposition parties, who say she should not be the person leading the review due to her previous employment as a senior official in the child protection department.
In an interview with CBC Investigates on Monday, Clemens Spurrell said there is a "conflict screen" in place as her office begins the investigation.
"I will not be reviewing any of the information personally that comes into this office and should something arise that necessitates me to declare further, then that's what I would do," she said.
Clemens Spurrell served as the assistant deputy minister of child and youth services from 2019 to 2022.
Her tenure as ADM in the Department of Children, Seniors and Social Development overlaps with a flurry of concerns among government social workers about St. John's resident Tony Humby, who was believed to be sexually abusing teen boys who lived in group homes under government supervision.
Police search warrant documents — untested in court and obtained by CBC Investigates — provide an account of how the Royal Newfoundland Constabulary and government social workers were aware of allegations involving Humby for years, but charges weren't laid until 2023.
Humby is now facing 72 charges related to 11 complainants, and has pleaded not guilty.
At least three of those alleged victims lived in group homes during Clemens Spurrell's time as ADM of child and youth services.
Some critics — including Progressive Conservative Leader Tony Wakeham and NDP Leader Jim Dinn — have called for someone else to lead the probe.
"To me, she would essentially be investigating herself as part of this," Dinn told CBC News last week.
Clemens Spurrell said it's too early to know if she is in a conflict of interest, since the first batch of documents was only just requested from CSSD.
"I'm not in a position to declare a conflict as I'm not aware what the information is at this point," she said.
In a press release issued prior to her interview with CBC News on Monday, the advocate said she wants to re-centre the conversation on the protection of children.
"I adamantly believe the focus needs to return to the fundamental rights, well-being, and the safety of vulnerable children and youth in our province," she said in that release.
"Young people need to have their voices heard, rights respected, and their issues responded to appropriately."
What power does the advocate have?
Clemens Spurrell also laid out the investigative avenues she has at her disposal.
Her office has subpoena powers, and can compel a person to hand over information relevant to an ongoing investigation. It can also compel a witness to give information under oath or affirmation.
Clemens Spurrell said she's asked CSSD to turn over "required documents" to begin the investigation.
"These powers position the Office of the Child and Youth Advocate to fulfil its mandate with impunity," her release reads.
Premier Andrew Furey directed the advocate to review "policies and procedures" within the child protection system in the wake of CBC Investigates' reporting on the Humby-Escott case.
One of the alleged victims has already sued the provincial government, alleging he told social workers about the abuse involving Humby and Escott around 2009.
At least six more alleged victims have retained lawyer Stephen Barnes of Buckingham Law with intentions of suing the province and/or the constabulary, alleging one or both were aware of the abuse and didn't do enough to stop it sooner.
As of now, the advocate has not been asked to include the RNC's investigation as part of her review.
Humby is facing 72 charges in total. He's pleaded not guilty to 33 so far, and is set to stand trial in March. At this point, no pleas have been entered on the remaining 39 counts.
Escott is facing 14 charges, and has reached a plea deal with the Crown. He's due back in court for facts and sentencing on Nov. 22.
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