Nova Scotia child law amendments spark concern

A group of lawyers and an anti-poverty group say proposed changes to Nova Scotia's Children and Family Services Act will make it easier for the government to take children away from their families. 

The provincial government says it is working on updating the act to better protect vulnerable children and families. The bill is still a work in progress, but has made its way to second reading in the provincial legislature. 

Now a group of lawyers who work in legal aid and private practice have formed a committee opposing the changes. The group says the province has introduced new and unworkable definitions in the act for things such as emotional harm and neglect.

Legal aid lawyer Shelley Hounsell-Gray said those definitions are so broad that too many families may end up being investigated. 

"There are going to be more interventions, more investigations, more court proceedings," she says. "I would like to see more workable definitions so we don't capture so many children and families in what may not be necessary investigations."    

Harm to a child's 'self-concept'

Under the amendments, emotional harm has been defined. It is described it as "harm to a child's self-concept or self-worth or harm that seriously interferes with a child's healthy development, emotional functioning and attachment to others."

Another particular issue is the way the act defines neglect, according to the Community Society to End Poverty in Nova Scotia.

The definition of neglect includes the failure to provide "food, clothing, shelter or any necessary medical, surgical or other remedial intervention."

Stella Lord is the group's coordinator and says it unfairly targets the poor.

"If it's simply that the parents can't afford to feed them and clothe them, shelter them properly, that is no reason to take a child away," she says.

"What we should be doing is making sure those parents have those supports and have adequate income to feed and clothe their children."

Both the lawyers and Lord say they have brought their concerns to the government, but have yet to hear anything anything back. 

Adjustments made, minister says

Community Services Minister Joanne Bernard, however, says she hasn't ignored concerns from community groups and is looking to adjust several amendments because of the issues raised. 

"We've actually mitigated many of their concerns," Bernard says. "I've actually had many messages from many different groups, including those in the women's community congratulating me on listening and going forth with the amendments." 

Bernard says accusations the act will give the province greater power to take children away from their families is unfounded. 

"I am really, really disappointed in that tack," she said. "This is about keeping children in homes and making sure they get the support sooner before the family gets into a crisis situation where the department has to look into taking children into care.

"It's about making children safer and any stakeholder who doesn't see that in this act is misinformed."   

Bernard also denies the act unfairly targets poor families. She said the legislation has nothing to do with a family's income and everything to do with people's ability to parent. 

The Children and Family Services Act hasn't been updated since the 1990's. Bernard says the province hasn't kept pace with the standards of care used across the country.  

"We as a province should be ashamed of that," she said. "This is something that must be addressed now, because child and welfare and families need this support through this legislation."
 

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