In 1997 public meetings were held across the province to get public opinion on what changes should be made to the Manitoba Adoption Act. Some good changes were made, but the main opinion to open adoption records was ignored. The changes went into effect on March 15, 1999. Shortly thereafter there was a provincial election and the government changed. Discussions were begun with the new Minister of Family Services, and since that time with 2 new Ministers. Now a 4th Minister has been appointed. Each time there is a new appointment, discussions start over again. Each of the first 3 Ministers have done nothing but stall on making any changes to the post-adoption portion of the Act. LINKS has yet to hear from the 4th Minister.
The usual spin is that they want to introduce major changes which will include a review of The Child and Family Services Authorities Act, The Child and Family Services Act and The Adoption Act, and address the issues in the Aboriginal Justice Inquiry. This review was supposed to have been completed in the fall of 2004, but due to it's complexity may not be completed until late 2006, or possibly later. From what we read in the newspapers about the scandalous performance of the Child and Family Services department in regards to the implementation of programs involved with this review, it may take years.
Now it is becoming very evident that a provincial election will be called in the spring of 2007. If such is the case, then it may be back to square one. Any changes in The Adoption Act will now be delayed as much as 3-4 years, if past experience with the government's lack of action is any indication.
What I find hard to understand is that other provinces in Canada are moving ahead with open adoption records and have their legislation either in effect i.e. British Columbia (1996), Alberta (2004), Newfoundland-Labrador (1999), or in the process of being implemented i.e. Ontario (2007). Alberta started the process of opening the adoption records and had a new law in effect within about 3 years, on November 1, 2004. Alberta and British Columbia law addresses all the main issues LINKS has with the existing Manitoba law.
The Minister responsible in 2003 advised that they were studying the new laws in other provinces "to determine whether they might be suitable to Manitoba". The Minister responsible in 2006 also advised they were examining other legislation "to determine whether they might be suitable to Manitoba". Sound familiar? If the changes are suitable to other provinces, what makes the government think that the citizens of Manitoba may want to be treated differently. The issues are the same. The Ministry goes to any lengths to delay making a decision.
It is about time that the Government of Manitoba addressed the issues of the thousands of adoptees and birthmothers, birthfathers, and siblings who are being discriminated against by their archaic post adoption policy. The present Manitoba Adoption Act is in direct violation of Section 15 of the Constitution Act, 1982, Part 1, Canadian Charter of Rights and Freedoms. It is also in violation of the terms of the United Nations Convention on the Rights of the Child which was ratified by Canada in December 1991 and agreed to by letter signed by the Premier of Manitoba. The Adoption Act is also exempt from the terms of the provincial Freedom of Information Act. The issue of closed adoption records was taken to the Manitoba Human Rights Commission but they have no power to enforce but can only make recommendations.
It is interesting to note that there is discrimination that the provincial government will not acknowledge. One Minister, No. 3, assured me that "our legislation ensures all adoptees are treated equally". While this is true, what is being ignored and treated as being irrelevant is that adoptees who also come under the provisions of Indian and Northern Affairs Canada can obtain identifying information about their birthfamily, information not obtainable by other adoptees. In my mind this is discrimination and the Minister of Family Services by refusing to recognize it, is condoning it.
Royden Kading
LINKS Post-Legal Adoption Support Group
http://members.shaw.ca/rkading
Sunday, November 19, 2006
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