Independent investigation launched into case of P.E.I. boy sent to live in Alberta

Prince Edward Island's child and youth advocate is launching an independent investigation into how provincial officials handled the case of an Island boy who was sent to live with his father in Alberta, after meeting the man just a few months earlier.

The case ended up before the Supreme Court of Canada, generating a ruling that was highly critical of P.E.I.'s child protection services. 

CBC News is not naming any member of the family in order to protect the identity of the child. 

Marv Bernstein, P.E.I.'s child and youth advocate, says his investigation will focus on circumstances leading up to the removal of the four-year-old boy from the care of his maternal grandmother in Prince Edward Island, and on why he was placed in the care of his father in Alberta. 

"We're looking at helping other children. Other families. Other grandparents who may be in these situations," he told CBC News in an interview. 

The Supreme Court of Canada ultimately restored the decision of a trial judge and the child was eventually returned to the care of his grandmother in P.E.I. 

'Tipped the scales unfairly'

"While the courts at all levels have a judicial oversight role in relation to the conduct of child protection officials, I too have a statutory oversight role to scrutinize and review the actions... particularly where, as in this case, the Supreme Court of Canada has found that the Director of Child Protection had tipped the scales unfairly and created a custodial status quo in favour of the father," Bernstein said in a news release issued early Thursday.

"This is a decision of the highest court in our land. The Supreme Court of Canada sets the bar in child protection matters across the country and we have an opportunity to learn from this decision to make sure children's rights are upheld."

Asked for a response, the provincial government replied in an email: "The Department of Social Development and Seniors is working with the Child and Youth Advocate's Office on the independent investigation and looks forward to receiving the findings of the review.

"The department welcomes any opportunity to enhance service delivery by improvements to policy and practice while always keeping the best interest of the child at the forefront."

'A lot of wrongs done'

In 2019, Prince Edward Island's Director of Child Protection ordered the young boy removed from the care of his grandmother in Charlottetown. He was placed with foster parents he didn't know for four weeks, then sent to Alberta to live with the biological father he had only recently met. 

A Supreme Court of Canada ruling last December said it was in the boy's best interest to live with the maternal grandmother who had been his caregiver for most of his life.

The boy, who is now nine years old, was returned to his grandmother last year. 

The grandmother said she's pleased to hear the child and youth advocate will be launching an independent investigation, something she said should have happened a long time ago. She hopes it helps other families.

"I think there was a lot of wrongs done by the Department of Social Services, their director and some of their staff. And I feel justice wasn't done for this child," she said in a telephone interview.

He was removed from me and taken to Alberta without a court order, so justice was not done to this child.— Boy's grandmother

"He was removed from his mom with no court order, he was removed from me and taken to Alberta without a court order, so justice was not done to this child." 

Bernstein said the office will take whatever amount of time is required to "conduct a thorough, informed and confidential investigation" and said the findings of his review will be made public.

'Not cloaked in a veil of secrecy'

"Child protection decisions have enormous impacts upon children and their families," he said.

"While principles of confidentiality in child protection matters are to be respected, there is a need for public accountability. As a result, decision-making processes, as well as relevant policies, procedures and practices, should be transparent to the public and not cloaked in a veil of secrecy.

"My intent in this investigation is to bring to light any gaps in legislation, regulations, policy, procedures and practice that may have affected the provision of services and decision-making in this case and to advance child-rights-informed recommendations that will address those gaps."

Last June, the province told CBC News it couldn't comment on specific cases, but said the cases it works with often have multiple layers of complexity. It said decisions are not made in silos and are grounded in the best interests of the child.