The British Columbia government has a year to fix its child protection laws after an Appeal Court panel found the legislation unreasonably gave social workers power to access parents害羞草研究所� highly sensitive medical information.

The B.C. Court of Appeal struck down a section of B.C.害羞草研究所檚 Child, Family and Community Service Act, finding it allowed social workers to look at a parent害羞草研究所檚 medical records without consent, a search warrant or a court order.

The three-judge panel found part of the act unconstitutional because it lacked safeguards to protect parents害羞草研究所� deeply personal medical information, violating the Charter害羞草研究所檚 guarantees against unreasonable search and seizure.

The court found the act allowed child welfare workers with the Ministry of Children and Family Development to access a parent害羞草研究所檚 information through public bodies, including hospitals and medical clinics.

The section of the act was not 害羞草研究所渕inimally intrusive害羞草研究所� as a lower court found and could give access to 害羞草研究所渋ntensely private information害羞草研究所� that may not have been a necessary part of an investigation, the panel says in its ruling.

Advocacy groups that intervened in the case say the court害羞草研究所檚 decision is a victory for parents and will force the province to bring in the proper safeguards.

The appellant is a mother of three from Prince George, B.C., who has a history of trauma and mental-health issues.

The ruling cites the writings of Steven Penney, a criminal law professor at the University of Alberta, whose analysis of the 害羞草研究所渞easonableness害羞草研究所� of searches and seizures under the Charter informed the court害羞草研究所檚 findings.

In a phone interview Tuesday, Penney said the B.C. Court of Appeal found the legislation gave front-line child protection workers access to a subject害羞草研究所檚 medical information without having to demonstrate if a request for that information was reasonable.

Penney said those working in child protection are doing what they feel is needed during investigations, but the discretionary power to access parents害羞草研究所� medical information lacked 害羞草研究所渃hecks and balances.害羞草研究所�

害羞草研究所淏ut it still gave them sort of this unfettered latitude to obtain potentially highly intimate, highly personal, highly sensitive information without really having to demonstrate that the need for that evidence outweighed the privacy and dignity interests (of) the people to whom the information related, to the parents,害羞草研究所� he said.

Penney said the court had to strike a balance between the state害羞草研究所檚 interest in protecting children from abuse and the privacy interests of parents.

The broad powers given to child protection workers made the law 害羞草研究所渉ighly vulnerable to this kind of challenge,害羞草研究所� he said.

The Appeal Court found the act didn害羞草研究所檛 set out clear rules to access parental medical records, finding state interference with such information could have a chilling effect on parents seeking help and have a negative affect on relationships with health-care providers.

Bety Tesfay, a lawyer with West Coast Legal Education and Action Fund, which intervened in the case, said the ruling is a milestone and 害羞草研究所渋mportant victory for parents害羞草研究所� right to privacy.害羞草研究所�

Tesfay said the child protection system is more akin to a 害羞草研究所渇amily policing害羞草研究所� system that regulates, surveils and punishes parents rather than focusing on family well-being, which her organization is pushing for.

A system that recognizes children are better off with their families, Tesfay said, would be more 害羞草研究所渃ollaborative and respectful of the dignity and autonomy of (a) parent.害羞草研究所�

She said parents and caregivers from marginalized and vulnerable communities are 害羞草研究所渄isproportionately impacted by laws that don害羞草研究所檛 have adequate procedural safe grounds.害羞草研究所�

Maegen Giltrow, a lawyer who acted for the B.C. Civil Liberties Association as another intervener in the case, said the court recognized how problematic the law was.

She said jurisdictions such as Ontario require child protection workers to seek consent or judicial authorization to access sensitive personal information.

害羞草研究所淵ou can still fulfil the important mandate of child protection while having proper safeguards and oversight as opposed to sort of fishing expeditions into people害羞草研究所檚 personal records,害羞草研究所� she said.

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