PAPA People Assisting Parents Association

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On 14 July 2015, the Supreme Court of B.C. handed down an unprecedented judgment J.P. v. British Columbia (Children and Family Development), 2015 BCSC 1216. This is the first case in Canadian legal history in which child protection workers are found liable for misfeasance in public office, breach of fiduciary duty and breach of the standard of care. Litigations between JP and the MCFD are summarized in JP Aftermath. Our commentary on the Plecas Review Part 1: Decision Time was published on 4 January 2016. On 31 August 2017, the Court of Appeal for B.C. set aside the orders in the civil proceeding against the Director/Province, set aside the finding that Mr. Strickland committed misfeasance in public office, that the Director and her delegates breached their fiduciary duty to the children, and that the Director and her delegates breached the standard of care in the decisions they made with respect to the children while they were in her care.

A request of the data below had been submitted to Honourable Thomas Christensen, Minister of Children and Family Development (appointed on August 15, 2006) in November 2007. MCFD provided some of the data sought in August 2008 after a formal application was submitted under the Freedom of Information and Protection of Privacy Act in mid May 2008.

Data Requested from MCFD

  1. all (direct and indirect) costs of child removal activities in 2002 to 2006 (segregated by year);

  2. 2002 to 2006 statistics of court's dispositions of interim custody (section 35 of CFCSA), temporary custody (section 40) and continuing custody (section 49) hearings segregated by:
    1. ethnic group;
    2. age of children removed;
    3. reason(s) of removal;
    4. geographic distribution

  3. 2002 to 2006 statistics of wrongful death and other child removal related lawsuits against the Ministry including:
    1. court's disposition
    2. Ministry's costs incurred in defending these lawsuits
    3. the amount of court awarded damages against the Ministry.