I think we would all agree that grandparents play a very important role in the lives of their grandchildren. In a follow-up to my Member’s statement, I have questions for the Minister of Health and Social Services.
In situations that I’m aware of – and I raise this concern on behalf of some grandmothers in Hay River – when they are denied access or visitation or are considered a priority for custody of their grandchildren, they not only deprive the grandparents but they deprive the grandchildren of a very important influence in their lives.
I’d like to ask the Minister, what is the status of NWT grandparents’ rights in terms of visitation and caregiving in the Northwest Territories at this time?
Thank you, Mrs. Groenewegen. The Minister of Health, Mr. Abernethy.
Mr. Speaker, I need some clarity before I can actually answer that question. Is the Member talking about through divorce proceedings or custody proceedings, or is the Member talking about through child and family services?
If the Member is talking about services through child and family services where a child may be apprehended or placed in different custody, the grandparents, great-grandparents, uncles, brothers, sisters and other persons qualify as extended family, and under child and family services we work with the extended families, including the grandparents, and where appropriate we can use the fostering process to actually have grandparents foster children.
Under child and family services we absolutely respect the role of extended families, including grandparents, and we work with those families to ensure that they have access to children and we support those visitations and/or placements as appropriate.
I’m also wondering: in the case where the parents of those grandchildren are obstructing the rights of the grandparents to visit or to be granted custody of those grandchildren in a situation where they’re taken into care, what do we have in legislation that precludes that from happening, where a mother or a father of children would obstruct grandparents from being able to have access to and visitation rights and custodial rights when necessary? What do we have to address that?
I can only really answer the question in the context of child and family services. If we’re talking about a divorce situation or a situation out of child and family services, you might be better positioned to ask the Minister of Justice that particular question as he is responsible for courts and those procedures.
Within child and family services, the social workers work with the families and we try to ensure that families are involved, families are engaged in the processes of supporting children. As the Member knows, we are moving forward with Building Stronger Families, which focuses on the family unit and trying to provide supports to families so that they can raise their children in a healthy, loving environment with the supports that they need, and those extend to extended families where appropriate.
But with respect to court proceedings or divorces, I am unable to answer that question. You may want to ask the Minister of Justice.
I recited other jurisdictions in Canada today in my Member’s statement that actually expressly recognize grandparents and clearly give them opportunities to pursue their rights.
Will the Department of Health and Social Services look at that new and emerging legislation in other jurisdictions and consider amendments to the Children’s Law Act to formally recognize grandparents in territorial family law?
If I remember correctly, the legislation that the Member is referring to is specific to family law, which is specific around divorces and custody issues that are going through the courts and not necessarily child protection. Within child protection we have provided significant rights and responsibilities for extended families that include grandparents, uncles, aunts, brothers, sisters. Once again, I will certainly take the information the Member is presenting and have the Minister of Justice take a look at it.
Thank you, Mr. Abernethy. Final, short supplementary, Mrs. Groenewegen.
Thank you, Mr. Speaker. Of course, I recognize that we’re nearing the end of our terms here and this is not something that’s going to happen in this Assembly and the 17th Assembly, but if the Minister could commit to working with the Minister of Justice even in the remaining days here to at least begin the research and interjurisdictional research into what is happening in other jurisdictions in Canada, perhaps we could then get a fresh start in the 18th Assembly in looking at implementing that so that our legislation is keeping up with other places in Canada with respect to grandparents.
I’ll commit to meeting with the Member after the sitting today to get the specific details. We, as the Department of Health and Social Services, I, as the Minister, have committed to the families and working with families, and I recognize that family law and divorce is a responsibility of the Department of Justice and I am sure that our two departments can work together to find a solution that the Member is referring to.
