The BCCLA intervened in this case to protect the privacy of parental medical records and promote oversight in the child protection regime.
The case challenged the constitutionality of sections 96(1) and (2) of the Child Family and Community Service Act (CFCSA). These provisions gave broad power to the the Director of Child Protection and their social workers broad and unrestricted authority to obtain private information including medical records of parents—even where they have no suspicion of a risk to their children—without the parent’s consent or even notification. The BCCLA argued that the analysis had to consider the use of the information obtained and the serious impacts on child and family relationships, which is protected under s. 7 of the Charter
The BC Court of Appeal agreed. Consistent with the BCCLA’s position, the Court affirmed the need for better safeguards against the abuse of state power.
The BCCLA is represented by Lisa Glowacki and Maegen Giltrow, KC.
The BCCLA’s factum is available here.