For Our
Children
Rights and Resources in British Columbia
-
Your Court File
-
Foster Parent Handbook
-
LegalShield
-
MCFD File, Requesting Your
-
RCMP – Access to Your Information
-
Recording Conversations/Meetings with MCFD
-
Request Information – Any Agency Involved in Your MCFD File
-
Rights and Protections, Information About Your
-
Right to an Advocate
-
Publications
Your Court File
Get a copy of your family court file from your community's court registry. Your court file will also include all transcripts. Your court file and all transcripts can be obtained for free. Here is a list of the court registries in British Columbia: http://www.ag.gov.bc.ca/courts/overview/locations/index.htm.
Foster Parent Handbook
Link: http://www.mcf.gov.bc.ca/foster/pdf/handbook.pdf
LegalShield
We have come across a company that offers UNLIMITED legal advice, on UNLIMITED subjects, called LegalShield. At LegalShield, they have been:
"offering legal plans for 40 years, creating a world where everyone can access legal protection - and everyone can afford it. Unexpected legal questions arise every day and with LegalShield on your side, you’ll have access to a high-quality law firm in your Province or State, for as little as $26.00 a month. From real estate to document review to Will preparation and Family Law, their lawyers are there to advise you with ANY legal matter - no matter how traumatic or how trivial it may seem. The law firms are paid in advance so their sole focus is on serving you, rather than billing you. With this legal plan you will be protected and empowered to worry less and live more. Legalshield has provider law firms in B.C., Alberta, Manitoba and Ontario, as well as 49 States. (not in Alaska) It also offers 24/7 emergency contact for covered situations because things don’t always happen between 9 – 5. With your plan you can just pick up the phone, call the toll free number of the law firm in your Province/State and speak to a top level lawyer about your legal concern. It’s that simple."
We have spoken with an Independent Associate, Ms. Christine Ellerton, of this company and found this could be a valuable resource. Please contact Ms. Ellerton directly to find out more about this resource. You can reach her through her Facebook site or website.
Facebook: https://www.facebook.com/legalshieldindependentassociatecellerton
Website: www.christineellerton.com
MCFD File, Requesting Your
If you want access to your MCFD file, or any other government file, fill in the form at the link below and submit it, together with the fee. Address can be found on the form. You will receive a letter informing you by what date they anticipate having a redacted copy of your file sent to you. If they do not meet that date, you can also report MCFD, or the applicable agency to the Office of Information and Privacy Commissioner of BC:
http://www.gov.bc.ca/citz/iao/foi/submit/personal/form/Request_to_Access_Personal_Information.pdf.
RCMP – Access to Your Information
Section 13(2) of the Privacy Act states that a request for access to personal information shall be made in writing to the government institution that has control of the information . This request is to provide specific information on the location and nature of the records in order for the documents to be retrieved.
For the RCMP to process a Privacy Act request, the following information is required:
-
full name
-
date of birth
-
information about the type of records that are being requested
-
the Personal Information Bank required to be searched
-
specific location(s) to conduct our search such as towns or detachments
-
a return address to send the information to
-
an original signature in blue ink (We are unable to process requests that are faxed or emailed as they do not contain an original signature.)
-
There is no cost associated with the processing of a Privacy Act request.
-
RCMP file number if available (Although RCMP file numbers are not required, the more information provided will allow the ATIP branch to provide you with the specific documents you are seeking access to.)
Link to request information: http://www.rcmp-grc.gc.ca/atip-aiprp/how-comment-eng.htm
Recording Conversations/Meetings with MCFD
It is your legal right to secretly record all meetings, conversations and telephone conversations with MCFD. This is covered under Section 183 of the Criminal Code of Canada. This is the link: http://laws-lois.justice.gc.ca/eng/acts/C-46/
Request Information – Any Agency Involved in Your MCFD File
Under the Freedom of Information Act, you can obtain any information about you from any agency that is involved in your MCFD File. Go to the agency and ask to fill out a form to access your information.
Rights and Protections, Information About Your
Freedom of Information and Protection of Privacy Act
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00
Personal Information and Protection Act
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_03063_01
Child, Family and Community Services Act
http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96046_01
Right to an Advocate
MCFD may tell you not to bring anyone with you to a meeting. You might not want to agree to that, as you may find it valuable to have moral support and a witness to any potential coercion and bullying tactics.
“An advocate is anyone who helps you speak up and be included in the process. Sometimes a problem seems very difficult or feels overwhelming. If you feel this way an advocate might be able to help you. They will help you use your voice so you can be your own best advocate or speak on your behalf.
Your advocate could be a trusted friend, family member, foster parent, caregiver, teacher or worker. They can help you make a complaint, go with you to meetings for support or help you say what you need. Your advocate should help you speak for yourself, but should not "take over" your problem or make decisions for you.”
Link: http://www.mcf.gov.bc.ca/complaints/advocates.htm
Publications
Broken Promises: Parents Speak About B.C.’s Child Welfare System
http://d3n8a8pro7vhmx.cloudfront.net/pivotlegal/legacy_url/310/BrokenPromises.pdf?1345765642
Hands Tied: Child protection workers talk about working in and leaving B.C.’s child welfare system
Note: MCFD is a government agency that is responsible for child protection services in British Columbia, Canada. In other provinces or countries, the name may change, e.g. Children's Aid Services (CAS) in Ontario; however the unjust practices to separate families and children are similar or the same.