Role often misunderstood, children’s advocate says
The war of words over the situation at Hidden Valley Elementary School (HVES) is hardly finished.
The war of words over the situation at Hidden Valley Elementary School (HVES) is hardly finished.
There is a chance the matter could end up in court, Annette King, the Yukon’s Child and Youth Advocate, told the Star this morning.
King and her organization are preparing to launch a systemic review over the situation wherein a former educational assistant at the school was convicted of sexual interference.
Education Minister Jeanie McLean told the Star Friday that King doesn’t have the authority to conduct such a review.
McLean’s statements marked the first time the Department of Education responded publicly to last year’s conviction of the former EA at the school. The incident was originally reported 18 months ago.
King said this morning she often encounters this kind of “misunderstanding” of the role and powers of the advocate’s office.
As advocate, King and her team are an independent, arm’s-length organization appointed by an all-party committee.
It is not, she said emphatically, a government organization of any kind.
“There’s a lot of people who don’t understand the rules of this office,” King said bluntly. “Often there is a misunderstanding.”
King said the first step in initiating the review is to meet with government representatives. She hopes any confusion could be sorted out in that process.
If not, and a consensus is not reached, King said, she could see the issue being taken to court to sort out.
“It could go to court if we continue to disagree,” she said.
It’s much the same situation as has befallen the Information and Privacy Commissioner’s and territorial ombudsman’s office when it has dealt with the government on contentious issues, King agreed.
That office, like the child advocate office, is an independent, arm’s-length organization that is not directly accountable to the government.
More than a week ago, the “Concerned parents of HVES” wrote a letter to the Department of Education, which was published in last Monday’s Star, demanding answers from the department.
Yukon Party MLA Brad Cathers subsequently wrote a letter to McLean, demanding answers for the parents.
McLean responded to Cathers with another letter, highlights of which are excerpted here.
She defended the government’s cautious and tight-lipped approach to the matter.
“The Government of Yukon Department of Education is currently a respondent in a civil legal matter related to this situation,” the minister wrote.
“I also understand there may be open RCMP investigations about the matter. As a result, I am unfortunately not in a position to answer many of your questions. I understand the frustration this may cause, and I share that frustration.”
McLean went on to say this about the situation:
“First and foremost, I share your concerns about the safety and protection of Yukon students. We care deeply for our students, their families and staff and acknowledge that you and other families have many questions about recent reports concerning a former employee at Hidden Valley Elementary School.
“When this matter came to our attention in 2019, we informed the RCMP. As soon as we became aware of the allegation, the individual no longer worked with students or in schools.
“If you are speaking with constituents that are concerned about a child’s interactions with this former employee, I urge you to have them contact the RCMP’s Specialized Response Unit at 867-667-5555 directly to share the information.”
Cathers was unavailable this morning for comment on McLean’s response, but the Yukon Party didn’t take long to provide a response.
“We think this letter dismisses the concerns of parents and doesn’t answer the questions,” said spokesperson Tim Kucharuk.
“We will be sending another letter, and do not consider the matter closed. We will continue to demand answers for parents.”
Comments (9)
Up 2 Down 0
Captain Obvious on Aug 13, 2021 at 5:57 pm
The lingering question that begs to be answered is what did the local MLA Cathers know, when did he know it or when should he have known it. Was member Cathers in communication with the school board and if so how many times?
C'mon Brad there are too many known unknowns here.
Up 4 Down 9
Avery on Aug 11, 2021 at 3:37 pm
Did Brad Cathers and a School Board have anything to do with this? If not what are they there for? In Brads case we know.
Up 12 Down 2
Eve on Aug 11, 2021 at 3:29 am
The Child Youth Advocate Act needs to be reviewed. There needs to be clarification in the Advocates powers and duties. There have been questions on the “independence” of this office and Advocate. A truly independent body should review this situation and accurately report on what occurred here in terms of the Department’s handling of this from hiring this EA to the notification to parents about the situation and how the department protected the children in their care.
I am not sure the Advocates office has the required independence or skills for a review like this. After ten years it is about time that the Advocate started to exert her powers and hold the departments accountable. If she makes recommendations like in the case of the group home review she has to report on compliance or progress on making changes. The advocate is right role and responsibility is misunderstood but that is on her she has been absent and running baseball camps with the Blue Jays. I applaud her for stepping up and doing her job I just question her abilities to remain independent and hold Education accountable after her report. There is some responsibility for the misunderstanding of what her office actually can and can’t do because of her lack of meaningful presence in the Yukon.
Up 8 Down 1
Cameron on Aug 10, 2021 at 6:55 pm
The Child and Youth Advocate is finally waking up and doing something for children and youth in the Territory. I think the only people who misunderstand the role and who they are “answering” to has been the Child and Youth Advocates office. Finally some backbone and neutrality.
Up 9 Down 15
Brenda on Aug 10, 2021 at 11:38 am
Why is the advocate jumping all over this issue but had to be asked to review the group home issues ? Also section 12 of the Child and Youth Advocate Act says that if while performing individual advocacy on behalf of a child or youth and the Advocate becomes aware of a policy or systemic issue then she can review it. So unless she was doing individual advocacy and found out about it - no can review. She can’t just decide to review something she has to be asked by the Legislative Assembly or a Minister or have been doing individual advocacy work and become aware of it - I thought they were suppose to be independent??
Up 25 Down 4
'THE Yukon' on Aug 9, 2021 at 11:30 pm
How does Kate White sleep at night propping up this government?
Putting the 'THE' back doesn't seem worth the ethical sacrifice to me.
Up 33 Down 2
For the Children on Aug 9, 2021 at 11:27 pm
A 'systemic review' would result in recommendations to improve the safety of our children in schools. It would identify areas in which safety could be improved, and would establish timelines for resolution of issues and improvements to the system.
If the Minister can't stomach third party critique and the resulting recommendations for improvement of her Department following a confirmed case of child abuse in a Yukon school, then she isn't fit to lead.
At least we now understand why McPhee was moved to a different portfolio. This would definitely have harmed her party leadership potential.
Up 29 Down 3
Nathan Living on Aug 9, 2021 at 5:15 pm
Let's get on with this review.
The government can release its own review if it wishes to do so.
Up 62 Down 15
TMYK on Aug 9, 2021 at 3:08 pm
Liberals don't like people they can't control. We saw this with the Privacy Commissioner and now the Child and Youth Advocate. I expect that they will both be replaced soon.