New procedural safeguards in British Columbia’s Child, Family and Community Service Act (CFCSA) will enhance personal privacy protections while supporting child protection needs through amended legislation that also removes barriers to Indigenous jurisdiction.
In April 2023, the B.C. Court of Appeal required safeguards to be added to balance the privacy of access to personal health information, including information held by third parties, such as health-care providers and police, with the Ministry of Children and Family Development’s need to carry out its child-protection mandate.
Section 96 of the CFCSA gives directors (i.e., a person designated by the ministry) the right to any information in the custody of a public body needed to perform their duties under the act, and that is vital to the ministry’s ability to carry out its mandate when a child may be in need of protection. This section is also vital to collecting updated information, including health information, once child-protection concerns have been addressed so a child can be returned safely to their family. Similarly, Section 79.2 of the act mirrors this need for Indigenous authorities.
New safeguards will:
- define personal health information;
- ensure a standardized, written approach through use of a new form;
- require an after-the-fact notice be sent to the person who is the subject of the information request; and
- establish an administrative review process.
In addition, two amendments will address barriers to Indigenous jurisdiction by:
- expanding the court’s authority to dispense with formal notice when Indigenous law applies, avoiding unnecessary delays in returning children to their communities and families; and
- broaden the definition of “Indigenous child” so Indigenous governing bodies that are not yet exercising jurisdiction through a formal agreement can identify their children provincewide and be involved in the planning and co-ordination of their care.
This legislation was developed in consultation and collaboration with Indigenous partners, regional health authorities and the BC Civil Liberties Association.
