Open letter on MCFD’s Disclosure Practices in CFCSA Proceedings

West Coast LEAF, alongside legal advocates, lawyers, and legal organizations has sent an open letter to the Attorney General of BC and Minister 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 (CFCSA).  

This letter builds on the work of a parents’ counsel working group convened by West Coast LEAF in 2022-2023. The working group identified systemic issues with disclosure practices and procedures in CFCSA proceedings. These issues undermine procedural fairness including for Indigenous parents, families, and children who are overrepresented in BC’s family policing system.  

Parents’ counsel identified several key issues with disclosure practices:

• Disclosure practices and policies are not standardized across BC.
• Parents’ 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, parents’ 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.
• Parents’ counsel do not always receive ongoing disclosure.
• Not all parents’ 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.

Without access to complete and timely disclosure, parents’ counsel are hindered in their ability to provide effective legal advice. This undermines families’ abilities to make informed decisions.

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

West Coast LEAF continues to demand that the Attorney General and MCFD address this systemic issue and to monitor procedural fairness issues in CFCSA proceedings.