Chief coroner defends child death review system
Karissa Donkin | CBC News | Posted: March 21, 2017 3:52 PM | Last Updated: March 21, 2017
Gregory Forestell says he's restricted by privacy laws the government won't change
New Brunswick's chief coroner is defending the province's child death review system, arguing it provides "sufficient" public information about how at-risk children are dying.
Gregory Forestell is reviewing the work of the child death review committee, which reports to him, and looking at whether more information about child deaths can be released.
But Forestell said he's limited by privacy law.
"If the government saw fit to make amendments to that act, then certainly we could consider the possibility of releasing more information," Forestell said in an interview on Information Morning Fredericton on Tuesday.
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"But as it stands right now, we're bound by the privacy legislation that exists today and I have to respect that."
A CBC News investigation found that at least 53 children known to child protection officials have died from unnatural causes during the past two decades.
The details of their deaths, including what could have been done to save them, remain a secret.
The government says those details are considered personal health information.
It also says the child death reports the committee submits to Forestell are confidential advice to minister.
The government has the power to change those laws to give Forestell and the committee the ability to say more about how children are dying.
But it hasn't indicated a willingness to do that.
'This is New Brunswick'
Asked last week why he couldn't change the law, Families and Children Minister Stephen Horsman said he would be "open" to looking at better way of doing things.
When asked if the province could follow the lead of Alberta, which lifted a blanket publication ban on the details of deaths in care several years ago, the minister struck a different tone.
"This is New Brunswick," he said.
"We do the very best here in New Brunswick and I think we are leading Canada. Other provinces are looking to New Brunswick at what they're doing. Other provinces still have privacy laws. We'll adhere to those laws."
Committee can't assign blame
New Brunswick's child death review committee has the power to review the death of any child under 19.
Made up of experts such as police officers, social workers and lawyers, it's required to investigate the deaths of children known to the minister of social development. That includes children who were in care or who received services in the previous year.
Forestell is one of the few people in New Brunswick who is allowed to see the committee's reports.
The public only sees the committee's recommendations, which often don't make sense without knowing why they were made.
The committee also isn't allowed to place blame when the child protection system fails a child.
People are more likely to feel comfortable giving information to the committee if they know they won't be blamed for anything, Forestell said.
"I'm not sure there's any benefit in [pointing fingers]," he said.
"You certainly can't change the circumstances that have already happened in the past."
Former child and youth advocate Bernard Richard has called for the process to be moved out of the coroner's office to make it more independent.
Current child and youth advocate Norm Bossé has offered to take on those investigations. But that requires a mandate and resources from the government.
Forestell questioned the value in having Bossé's office investigate child deaths.
"I feel that it would be a bit redundant in that we've got a well-functioning expert committee that spends an awful lot of time on each and every case to make sure they understand."
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