Mary Ellen Turpel-Lafond, B.C.'s children's advocate, filed a lawsuit against the provincial government to gain continued access to cabinet documents. (CBC)

A B.C. court has ordered the provincial government to provide cabinet documents to the province's children's advocate, saying Premier Gordon Campbell and his minister failed in their duties.

Mary Ellen Turpel-Lafond argued in B.C. Supreme Court that the provincial Liberals were restricting her efforts on behalf of children by denying her access to cabinet documents.

Her lawsuit named Campbell and Children's Minister Mary Polak, though neither appeared in court. Turpel-Lafond did not testify in the case.

Before initiating the lawsuit, the government had asked Turpel-Lafond to sign a protocol agreement that would have permitted her to view the documents, but gave the government control over their use.

The cabinet documents Turpel-Lafond sought were related to the government's Children in the Home of a Relative program.

Judge Susan Griffin ordered the documents be handed over to Turpel-Lafond's lawyer immediately Friday, right in the courtroom.

Turpel-Lafond's lawyer argued she was legally entitled to the documents, and needed them to complete her audit, but the government read the law differently. In court, government lawyer George Copley argued only the cabinet has discretion over cabinet documents.

Combative reputation

Union of B.C. Indian Chiefs Grand Chief Stewart Phillip was in court Thursday to show his support for Turpel-Lafond's efforts to investigate the government program involving thousands of children and youth who live with relatives.

Phillip said he supported Turpel-Lafond having access to the documents if it could better protect the 10,000 children in government care, half of whom are aboriginal.

"She enjoys widespread support in the aboriginal community. We have passed resolutions supporting her work, her mandate," said Phillip.

In three years on the job, Turpel-Lafond has earned a reputation as an outspoken and combative children's representative, frequently criticizing the government for not responding to her recommendations.

The Liberals introduced legislation last month to amend the Representative for Children and Youth Act saying it would ensure cabinet confidentiality is protected.

Turpel-Lafond has said the proposed legislation would deter her from assessing how top levels of government are doing when it comes to protecting children by muzzling her ability to fully examine cabinet documents and make recommendations on how things can be improved.

With files from The Canadian Press