Open letters on MCFD’s Disclosure Practices in CFCSA Proceedings

West Coast LEAF, alongside several legal organizations and lawyers from across BC, has sent two open letters to the Attorney General of BC (AGBC) and Ministry of Children and Family Development (MCFD) to voice serious concerns about improving and standardizing disclosure practices in proceedings brought under the Child, Family, and Community Service Act.   

Without access to complete and timely disclosure, parent’s counsel are hindered in their ability to provide effective legal advice. This undermines the ability of parents and families to make informed decisions. The procedural fairness impacts are worse for Indigenous parents, caregivers, families, and children who are overrepresented, overpoliced and over-surveilled in the family policing system.  

Clear and consistent disclosure practices are needed to ensure fairness and efficiency in child and family service proceedings. Director’s counsel should also be working diligently to reunify children with their families wherever appropriate. Early disclosure may reduce the trauma experienced by all involved, particularly when forced separation is based on weak or unfounded allegations. 

The first open letter built on the work of a parent’s counsel working group convened by West Coast LEAF in 2022-2023. The letter informed AGBC and MCFD about the results of a 2023 survey of parent’s counsel from across BC indicating systemic issues with obtaining timely and complete disclosure.  AGBC and MCFD did not respond to the letter signatories request for a meeting to address these survey findings. 

In 2025, West Coast LEAF conducted a further survey of parent’s counsel from across BC, which showed that parent’s counsel continues to experience serious issues with obtaining timely and complete disclosure. In November 2025, a second open letter was sent to AGBC and MCFD outlining the findings of the second survey and reiterating a request for a meeting to discuss recommendations for improving disclosure practices across BC.  

Both letters outline several key issues with disclosure practices that parent’s counsel identified: 

• Disclosure practices and policies are not standardized across BC. 
• Parent’s counsel do not always receive timely disclosure before collaborative hearings, mediations, case conferences, or contested hearings. 
• Even when they have made express requests for disclosure, parent’s counsel do not always receive full disclosure. This is especially the case when the information is about MCFD employees’ disciplinary histories and/or third-party records. 
• Parent’s counsel do not always receive ongoing disclosure. 
• Not all parent’s counsel receive a list of documents, making it difficult to assess whether the disclosure is complete. 
• Practices related to the redaction of disclosure or explanations for redactions are inconsistent across BC. 

West Coast LEAF, partner legal organizations, and parent’s counsel continue to monitor procedural fairness issues in child and family service proceedings and demand that the AGBC and MCFD address this systemic issue. 

To learn more about this work or get involved, contact Humera Jabir, Staff Lawyer at West Coast LEAF.