Thank you, Mr. Speaker. I would like to follow up some questions with the Health and Social Services Minister in regard to the comment he said in regard to lawyers: does each child who is apprehended, do they get appointed a lawyer all the time? Thank you, Mr. Speaker.
Minister of Health and Social Services.
Thank you, Mr. Speaker. It's too bad the red light didn't stay on as I was sitting down after I answered that last question. I said the child's lawyer in the last response, when I was actually meaning to say was the children's lawyer, which is actually a position that exists in the Department of Justice. It was created to provide support to youth so that their voices could be heard, whether it's through a family law case going through the courts, but also for Child and Family Services. To make sure the child's voice could be heard when necessary, they can access the child's lawyer. That wouldn't be a child's lawyer. A child could get a lawyer through other means if they choose, if they have the capacity to do so, but a children's lawyer is something that actually exists to make sure that their voices are heard through court proceedings. Thank you, Mr. Speaker.
I appreciate the Minister for that clarification. It does help a bit. In regard to this children's lawyer, are the youth able to communicate with this lawyer to say that they can share their story with their parents or their guardian?
For specifics on what the children's lawyer does in the Northwest Territories, I would suggest that you're best off asking the Minister of Justice, who is responsible for that position. It's not a Health and Social Services position. I do know from time to time, when there are Child and Family Services issues before the courts, the children's lawyer can be accessed to provide some support to the youth to help them make sure that their voice is heard in the court of proceedings.
When it comes to the question that the Member asked previously about the ability of a child to sign a third-party consent, if a child is deemed to have the capacity to understand what they're signing and the ramifications, they can sign. If there are some question about whether or not they have the capacity, we can engage the children's lawyer, who can work with the youth to help us determine whether the child has the capacity to understand what they're doing. If they do, they sign. If not, they wouldn't necessarily be able to sign consent. Thank you, Mr. Speaker.
I thank the Minister for that answer. The question comes down to: when we are talking about "capacity," are we talking about mental capacity, or are we just talking about age capacity? Sometimes, you have to be 14, 16, or is it mental capacity we are talking about?
It is more focused on the ability of the child to understand exactly what they are signing. Sometimes, a young child will understand. Other times, they will not. The same is true for an older child. Sometimes an older child, depending on a number of issues, may understand, and others may not. It is a difficult area. You want to be careful. You want to make sure you are being fair to everybody. That is where the children's lawyer can really help out.
Masi. Oral questions. Member for Nahendeh.
Thank you Mr. Speaker. I thank the Minister for that explanation. It does help. It gets that information out there so people understand it better. I guess my last question is: if the youth's parent/legal guardian can't sign the consent form and they don't use the children's lawyer, can the department sign the consent form so the information can be shared with the guardians and their MLA? Thank you, Mr. Speaker.
The question is a little confusing insofar as, if the system is the guardian, the system is the guardian. If it is parents, if the parents or the legal guardians are the guardians, they would sign consent. If the system is the legal guardian, the director would be the individual who would be responsible for signing. There are times that the director can sign consent, but it really depends on the nature of the discussions or information that are being had.
For instance, there are lots of times the consent can be shared or signed or provided by the director to share information around things like treatments or trips or other general information. There are other times when it may not be appropriate. In the situation of a child who is under the care of the director, the director is in a sense their parent and guardian. There are different situations, different scenarios.
In Child and Family Services and Building Stronger Families, we are really trying to work with families and keep families united and try to keep them informed. There are some challenges and limitations there. Once again, I would encourage the Member to review sections 71 through 74 of the act, which outline some of this information. Once again, I would read it, but I see we only have 18 minutes left on the clock. I am pretty sure nobody wants me to do that, so I won't.
I am happy to meet with the standing committee to have some conversations about this type of stuff and the limitations that are on it, as well as provide an update at any time on Building Stronger Families. We will be tabling the director's report this session. It might be a great time for us to get together and have another conversation. Thank you, Mr. Speaker.
Masi. Oral questions. Member for Frame Lake.
