SECOND READING - CHILDREN'S SAFETY AND PROTECTION RIGHTS ACT PDF Print E-mail
Thursday, 30 April 2009 09:24

Ms. Lisa MacLeod: I appreciate the opportunity to address the public today. I consider this an honour and a privilege to address the assembly with my first-ever private member's bill, the Children's Safety and Protection Rights Act, 2008. This bill was introduced 120 years after Ontario's first children's act: the Ontario Children's Protection Act of 1888.

I first introduced the Children's Safety and Protection Rights Act to coincide with the national day of the child on November 20, 2008. I did so because, as a society, we've unfortunately moved beyond only protecting Ontario's most vulnerable children. Even today, children in stable, loving homes need greater protection from the dangers on our streets. That's why this bill includes sweeping measures that speak to families across the province, including my own.

I'd like to start by thanking Megan Boyle, who's over to my right. She's my legislative assistant. Her dedication, her research and her nurturing of our stakeholder relations have made this bill possible. I want to thank you, Megan, for the great work that you have done.

I would also like to thank Jad Haffar, my parliamentary assistant, whose communications, advice and, of course, work were extremely valuable during this time.

I'd also like to introduce all members of the Legislature to the following stakeholders in the gallery today. When I say your name, please rise so you can be aptly recognized: Irwin Elman, Ontario's independent child advocate; Les Horne, Ontario's first child advocate; and Agnes Samler, Ontario's interim child advocate when we first opened the office of the independent child advocate. They're seated with Karyn Kennedy, executive director of the organization Boost-Child Abuse Prevention and Intervention.

We also have with us a very intelligent and remarkable young lady-please stand up: Katie Neu. She's with her father, Tom. Please stand up, Tom. Katie has been bullied since the age of five. She has started Canada's first online organization dedicated to anti-bullying: bullyingcanada.ca. She and her father are seated with George Pash, a dedicated father who has been fighting for mandatory reporting in our school boards. I want to thank all of them for attending today.

Others I would like to thank are Ottawa Police Chief Vern White; CTV anchors Max Keeping and Kimothy Walker; and others: Ron Jette, Ron Enson, Senator Landon Pearson, Dr. Tullio Caputo, Ontario Ombudsman André Marin, and of course Charley Coffey and Paul Gillespie. These are Ontario's champions of children. I want to thank each of them. Their support, advice and, quite frankly, their example has been inspiring to me. Each of their fingerprints can be found in various pieces and measures in this legislation. They've helped shape my views on how we can best protect children in Ontario.

Since being elected to this chamber, I've spent many hours trying to make Queen's Park a more family-friendly place to work. I've also poured many hours into researching, consulting on and speaking about keeping our kids safe by letting them know what their rights and responsibilities are.

Before us today is a bill which first became an idea after committee hearings on Bill 165, the independent child advocate act. Later it was an election promise, and ultimately it's become a labour of love. The bill that is to be debated today is the product of many hours of researching the UN Convention on the Rights of the Child, studying documents and press clippings on child abuse, child sexual assaults and other areas of child exploitation. Of course, it's also a result of meeting with children, their parents, their advocates, their teachers and their protectors.

This is a sweeping bill. It will amend six existing pieces of legislation and it includes nine new initiatives, including powerful new measures and tools which will better protect Ontario's children. I consider this legislation an important point in a discussion our province desperately needs. Our children deserve to feel safe and they deserve to know that they are being heard in this chamber.

Today, members from all political parties will have an opportunity to speak to this bill and the very issues of child protection and children's rights and their responsibilities. I believe, as I've always believed on matters of the family or on matters of the child, that this bill and this issue are above partisanship. There are elements, for example, that I know some members in the government will support. In fact, after Bill 130, the Children's Safety and Protection Rights Act, was introduced, the Minister of Education put forward her own legislation containing one of the initiatives within my bill: namely, mandatory reporting for schools. There are elements of this legislation that have been supported by the NDP in the past: namely, supporting expanded powers for the Ontario Ombudsman over children's aid societies.

I'm therefore hopeful that today will mark an important and positive step forward together on a discussion about how we can best protect our kids in this Ontario Legislature. I'm hopeful that this bill will go to committee, so that I may work with the other parties and the Ontario public to adopt the best, strongest and most protective bill for children in our province's history. To achieve that, we need to start the discussion on the ideas tabled here today. Members may agree with some aspects and disagree with others, but the importance about today is airing in a thoughtful way our ideas, our concerns and possible solutions.

The time to do this is now. The statistics are staggering and the recent news headlines say it all. An Ontario incidence study estimated 5%, or 130,000, of Ontario's children possibly suffered some form of abuse in 2005. The Chatham-Kent police told the Chatham Daily News that studies show that reported cases of child abuse only represent 10% of the actual abuse cases in Canada, and a government of Canada report in 2001 suggested that 60% of all reported sexual assaults are against children. As a mother who also happens to be a legislator, I can't help but want to do something about this. Through this bill, I intend to send a message to those who prey on children, who target them in their advertising and who hurt innocent kids: Your time is up. But in order for me and us collectively to be successful, I will need the support of every member in this Legislature today to get this bill into committee and these ideas into action.

Specific measures introduced in the Children's Safety and Protection Rights Act will expand Christopher's Law to create a public child abuse registry that can be made public only at the discretion of the minister. It will prohibit and ban advertising that contains images of a sexual nature of children under the age of 16 or that is directed at children of that age. Members will agree that some people today are crossing the line.

The Education Act would be amended to establish November 20 as Children's Day, not only in our schools but also right here in this Ontario Legislature. It will require mandatory reporting of incidents of violence or abuse and it will prohibit the use of corporal punishment. Mr. Speaker, you'll be saddened to know that Ontario is one of three provinces that has not already done this. It will expand the Ontario Ombudsman Act and the Provincial Advocate for Children and Youth Act to ensure that they have greater powers. The provincial advocate will also have an opportunity for more reporting of our obligations and how we're doing with the UN Convention on the Rights of the Child. It will also repeal and replace section 150 of the Provincial Offences Act to ensure that child abusers may be detained to protect the public safety or to maintain confidence in our justice system. A defendant's release may also be conditional on not communicating with the victim. Kids should not have to be the ones who leave their homes if they are being abused. The abuser should.

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Ultimately, this bill will achieve three goals: It will create more education and awareness around children's protection rights, it will increase accountability and transparency in our existing system and it will strengthen child protection tools for parents and the justice system. I'm also pleased that the measures in this bill have garnered support from many quarters, including my own hometown's police chief, who said, "As the Chief of Police for the City of Ottawa, I fully support legislation that will assist us in protecting children." I'd like to also read other comments from stakeholders.

Well-known CTV anchor Max Keeping adds, "Ms. MacLeod should be commended for the work she's done in preparing this legislation; hers is an open invitation to every member of the Ontario Legislature, regardless of party, to vault this province into a leadership role for the country."

Karyn Kennedy, of Boost, says, "I congratulate you on the action you are taking to protect children and to bring greater awareness to the needs for adults to respond in effective and appropriate ways to concerns of abuse or violence in children's lives."

André Marin, Ontario's Ombudsman, points out, "I was very interested to learn that as part of your proposal to enshrine children's rights into Ontario law, you will be seeking to expand my office's mandate to include oversight of boards of education and children's aid societies. I congratulate you for this initiative."

Irwin Elman, our good friend and Ontario's independent child advocate, adds, "I have long respected your steadfast concern for the children and youth of the province. Your bill is a reflection of that concern."

Charles S. Coffey, a great leader in this province, said, "We have a responsibility to build a secure and healthy society so that our children have the opportunity to grow, learn, work and succeed. This initiative is one more building block for the future of our province and country."

Les Horne, of DCI, said, "We are strongly in favour of legislation to reinforce children's rights in Ontario. This will bring" Ontario "into line with all other jurisdictions across the world that have recognized the need for powerful legislation to protect children from threats to their physical and emotional health."

The Ontario Association of Children's Aid Societies writes, "The Children's Safety and Protection Rights Act is consistent with your strong voice in children's defence.... In particular, OACAS supports your efforts to entrench in law, article 19 of the UN Convention on the Rights of the Child."

Again, this bill offers real solutions to some of the dangers our children in our province face. During these difficult times, it has never been more important for us to work together, to collaborate. I'm also appealing to all members of the Legislature to set aside political jerseys, political ideologies, to work together for the greater goal of child protection and to support these measures today, so we can get this bill into committee and start acting on some of the pressing issues that we need to best protect the children of Ontario. Thank you.

Ms. Lisa MacLeod: May I once again thank the stakeholders in the gallery today for their input, their friendship and the inspiration they provided me with for the piece of legislation we have here today. Ladies and gentlemen, and friends at home, these are the people who work tirelessly on our children's behalf to make sure they are protected and that they have a voice, especially here at the Ontario Legislature. Thank you very, very much.

I'd also like to thank my colleagues and friends in this Legislature. My colleague from Parkdale-High Park has been a friend since she arrived here; I appreciate her kind words. To my colleague from London-Fanshawe, thank you very much for speaking to the bill. To my colleague from Dufferin-Caledon, you have become a great advocate for children in your own right, and particularly for the disabled, and I appreciate your kind words. To my colleague from Lambton-Kent-Middlesex, thank you very much.

I urge you to follow the words of my colleague from York-Simcoe and address this bill in committee and support it in principle. These are ideas that are important and that we need to talk about and discuss. We need to have Les Horne, Agnes Samler, Irwin Elman and so many others from across the province come to us to tell us how we can do our job right. I want to thank Julia Munro from York-Simcoe, the PC critic for children and youth, who has been a strong ally and friend since I arrived here at Queen's Park.

In the few short seconds left, I want to thank all the members in the assembly. We all have the same goal, obviously, and that's to protect children. That doesn't mean my ideas are the best, or the government's ideas are the best. It means we have to sometimes augment one another's ideas and move forward. I'm appealing to all of you in this chamber today to support this bill in principle and put it into committee, so that we can have greater discussions on what we can do best to protect Ontario's children. Thank you all very much.