CCYHC Presentation from The Office of the Child and Youth Advocate

1. The Office of the Child and
Youth Advocate
CAPHC Conference, Halifax, NS
October 23, 2016
Presented by: Norman J. Bossé, Q.C.
Child and Youth Advocate, New
Brunswick Office of the Child and Youth Advocate

2. Overview
1- Children’s Rights
2- Our Mandate
3- Individual case advocacy
4- Systemic investigations
5- Research, Education and Outreach

3. What is a right?
• A Standard
• An Obligation
• An Entitlement
• A Freedom
Universally recognized
All rights are interdependent
Non-negotiable

4. UN Convention on the Rights of the Child
• UN Declaration on the Rights of the Child – 1959
• UN Convention on the Rights of the Child – 1989
• Ratified in Canada – 1991
• The most Ratified Convention in 195 countries,
(exception: United States of America)
• 54 Articles (3 optional protocols )
(first human rights treaty to protect civil, political, social , cultural
and economic children’s rights)

5. Core Principles
• Non-discrimination (article 2)
• Best interests of the child (article3)
• Right to life, survival and development(article 6)
• Respect for the views of the child (article 12)

6. The Child and Youth Advocate
 A new mandate with a broad jurisdiction-2006-2007;
 Like an Ombudsman, the Advocate is neutral but not disinterested:
He advocates for children and youth;
 The Advocate must be accessible, impartial, prompt and fair in
his dealings;
 The Advocate ensures the child’s voice is heard.

7. Mandate
The Child and Youth Advocate Act establishes:
• An Advocate to ensure that children get the services promised them
• To defend their rights and interests and ensure that their voice is heard
• A process based first on advocacy, mediation and case conferencing
• Strong investigatory powers and powers of recommendation
• A clear mandate to educate and inform the public about children’s needs and their
rights
• An advisory role to government on all laws, regulations or policies affecting the
rights of children and youth
Stategically our role is to move service providers from a more charitable needs-based approach
towards a rights-based aproach centred on the child’s equal human worth and dignity.

8. Mandate
Child and Youth Advocate Act
 A specialised Ombudsman for kids
 Advocate on behalf of children
 Convene case conferences
 Investigate complaints
 Educate the public
 Provide advice on laws, policies and regulations
affecting children and youth

9. Types of Advocacy
1. Defending the rights of individual children and youth on a case-by-case basis
2. Advocating for the collective rights of children and youth through systemic reform
3. Research, Education and Outreach

10. INDIVIDUAL CASE ADVOCACY
The Child and Youth
Advocate as a team
member in clinical case
conferences

11. The Advocate’s process: a work
in progress
Advocates first – investigation is a last recourse
Multi-disciplinary processes are the norm
Insistence on child-centered, life-cycle approach
Insistence on strengths-based practices /interventions
Unfettered access to information
Privacy maintained in an expanded circle of care
No decision-making authority, only a power to plead and recommend

12. The Advocate’s process:
referral sources
 Most often parents or guardians – but we are not parent advocates
 Not enough referrals from youth themselves
 Increasingly we act on referral from service providers: social workers,
custodial staff, educators and less frequently health care providers
 The Advocate can act in an individual case on his own motion, with or
without a young person’s consent

13. The Advocate’s process:
a few case studies
Case conference convened regarding a young male of 16 years where
FASD was suspected, parents had recently split and young person had
become homeless. He was charged twice with offences of increasing
severity over a three month window. No resources were available but in
case conference, social development, public safety, mental health and
education services came together and drew up an integrated plan for his
transition to foster care.

14. The Advocate’s process: a few
case studies
Another case study involved the discharge of an infant from hospital care into
her parental home. The Advocate and neo-natal care providers had serious
concerns about the discharge plan but child protection approved the discharge
plan. An investigation was commenced following which, family services were
intensified and within the month the infant was placed under child protection
and removed from the home.

15. Systemic advocacy
The Child and Youth Advocate as a champion
of research and systemic change

16. Child Rights Impact
Assessments (cria)
• The essential purpose of Child Rights Impact Assessments is to bring
children’s issues to the forefront of government decision-making.
• A CRIA provides a means of helping to ensure the implementation of
children’s rights.

17. CRIA: what is it ?
•CRIAs examine potential positive and negative impacts of a proposal on children’s rights.
•CRIA process examines proposed government decisions, including new or amended
policies, regulations, or legislation.
•These assessments provide decision-makers with evidence-based perspectives on how
proposed government action might affect children’s rights.
•The baseline is the Convention on the Rights of the Child.

18. Some of the potential benefits of
government undertaking CRIA
• Increasing the child focus of government
•Providing a structured process to implement government’s obligations to children
• Increasing the legitimacy of government decisions impacting children, through accountability
and the participation of affected stakeholders
• Contributing to domestic implementation of the Convention (UNCRC)
• Avoiding or mitigating harmful effects on children
• Considering not just potential short-term but also potential long-term effects of decisions
•Improving cross-departmental coordination
• Increasing effectiveness in government action and avoiding costly mistakes
• Considering alternatives
• Providing evidence and support to decision-making

19. Connecting the Dots
•Lack of mental health services
•Need for community based residential capacity
•Criminalization of mental health behaviors
•Better integration of mental health services
•Gap in services for 16-18 group

20. NB’s changing paradigm
We are encouraged by the changing paradigm in New Brunswick, with the potential
for positive changes for NB youth, their families, and the province. Evidence of such a
paradigm shift is found in the following programs and initiatives:
 The Integrated Service Delivery Framework
 Family Group Conferencing & Family Enhancement Services
 Youth Engagement Networks
 Community Inclusion Networks
 The Department of Education’s push for Community Schools
 The increased presence of the provincial government in First Nations communities
 The Centre of Excellence for Child and Youth with Complex Needs

21. State of the Child report and children’s
Rights and Well-Being Framework
• An annual report accompanied by a rights based
population health framework to measure children’s
rights and well-being in New Brunswick
• Keeping account of our promises to children through
nationally standardized year over year measures
• Data disaggregated by gender and ranked against
other provinces
• Includes system wide performance indicators and a
road-map for better enforcement of the UN Convention
on the rights of the Child.

22.  Phone: (506) 453-2789
 Toll-free: 1-888-465-1100
 Email: Advocate-Défenseur@gnb.ca
 Website: http://www.gnb.ca/0073/Child-YouthAdvocate/index-e.asp
 Mailing Address:
 P.O. Box 6000
 Fredericton, NB E3B 5H1
We want to hear from you!