Keith Mack
In 2017, Ontario lawmakers passed Bill 89, the Supporting Children, Youth and Families Act, which updated the province's child welfare laws. This bill included gender identity and gender expression as factors that child protection workers should consider when determining the best interest of a child and whether they should be placed in foster care. However, there is controversy and misinformation regarding the effects of this legislation, with some social media users and news sites claiming that the Canadian government can take children away from their parents if they do not accept their child's gender identity or expression. It is important to note that child protection services in Canada are provided by independent children's aid societies and not the government, and these societies can only intervene in cases of proven abuse or neglect. While Bill 89 expands the list of factors considered by child protection workers, it does not give them the power to remove children solely based on a parent's refusal to accept their child's gender identity.
| Characteristics | Values |
|---|---|
| Year of passing the law | 2017 |
| Province | Ontario |
| Name of the law | Bill 89 |
| Other names of the law | Supporting Children, Youth and Families Act |
| Previous name | Child and Family Services Act |
| Factors that child protection workers should consider when determining the best interest of a child | "gender identity" and "gender expression" |
| Who provides child protection services | independent children's aid societies |
| When do aid societies intervene | when there is proof of abuse or neglect |
| Can the government take children away if parents don't accept kids' gender identity | No |
| Who makes the final decision to take a young person into care | a judge |
| Who will be less likely to be chosen as prospective foster or adoptive parents | parents who disagree with new gender ideologies |
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What You'll Learn
Ontario's Bill 89
The bill requires child protection, foster, and adoption service providers, as well as judges, to take into account and respect a child's "race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression". This is a notable change from previous legislation, which did not include these specific considerations.
Bill 89 also introduces a two-stage process for licensees bringing a non-resident child into Ontario for adoption. Firstly, the licensee must obtain the Director's approval of the person with whom the child will be placed, ensuring they are suitable and eligible to adopt. Secondly, the licensee must obtain the Director's approval of the proposed placement. The bill maintains an exception to these requirements if the child is placed with a relative or a spouse of a parent, but only if the child is a resident of Canada and the placement is within Ontario.
The bill has been criticised for potentially allowing government intervention in cases where a child is believed to not be receiving adequate support from parents with religious convictions that do not align with the LGBTQ worldview. It also removes religion as a consideration for the child's wellbeing. Some Christians have expressed concern that the bill imposes a particular ideology on parents and children, and that it may be used to remove children from their homes if they identify as transgender, despite a lack of evidence that this would positively impact the child's emotional well-being.
However, supporters of the bill argue that it is consistent with the principles expressed in the United Nations Convention on the Rights of the Child and acknowledges the unique and evolving relationships between the Province of Ontario and First Nations, Inuit, and Métis peoples.
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Child protection services
In 2017, Ontario lawmakers updated the province's child welfare laws to include "gender identity" and "gender expression" as factors that child protection workers should consider when determining the best interest of a child and whether they should be placed in foster care. Child protection workers cannot remove children from their families solely on the basis of a parent refusing to accept their child's gender identity or expression. Child protection services are provided by independent children's aid societies, not the Canadian government, and they can only intervene when there is proof of abuse or neglect.
If an aid society receives a report that a child needs protection because their parent does not accept their gender identity or expression, the society will open an investigation to determine if the parent's conduct amounts to abuse or neglect. If a judge determines that this is the case, the aid society can intervene. Michael Coteau, who introduced this law in 2017 as Ontario's Minister of Children and Youth Services, stated that "the government can't take a child away from a parent". Instead, it is children's aid societies that can do so, and only when a judge determines that the child has been abused.
Ontario's Bill 89, or the "Supporting Children, Youth and Families Act", is an update to the province's child welfare laws, including child protective services, foster care, and adoption. Accommodating a child's gender identity or expression is now given the same protection as race, ethnicity, disability, or sexual orientation, bringing it in line with the province's human rights code. While some have claimed that Bill 89 gives the government the power to remove children from families that do not accept their child's gender identity, this is false. Alicia Ali, a spokesperson for Michael Coteau, stated that "Bill 89 does not give the government power to seize children from families based on a parent that disagrees with a child's gender identification".
The Canadian Human Rights Act prohibits discrimination based on gender identity or expression, among other factors. This right is also founded in the Canadian Charter of Rights and Freedoms, the Quebec Charter of Human Rights and Freedoms, and provincial and territorial human rights legislation. The UN Convention on the Rights of the Child also urges states to eliminate laws that discriminate against individuals based on their gender identity and to adopt laws prohibiting such discrimination.
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Discrimination laws
In 2017, Ontario lawmakers updated the province's child welfare laws to include "gender identity" and "gender expression" as factors for child protection workers to consider when determining the best interest of a child and whether they should be placed in foster care. However, it is important to note that child protection services in Canada are provided by independent children's aid societies and not the Canadian government. These aid societies can only intervene when there is proof of abuse or neglect, and they cannot remove children from their families solely based on the parents' refusal to accept their child's gender identity or expression.
The Canadian Charter of Rights and Freedoms also guarantees gender equality, stating that every individual has the right to equal protection and benefit of the law without discrimination based on sex, among other factors. Court decisions have expanded this list to include other grounds, such as citizenship and sexual orientation. Section 28 of the Charter specifically guarantees that all rights apply equally to men and women.
Furthermore, Canada has taken steps to address gender discrimination, particularly against women, through various legislative acts. For example, the Female Employees Equal Pay Act of 1956 made wage discrimination based on sex illegal. The Employment Equity Act of 1986, which applies to federally regulated employees, requires employers to remove barriers that limit employment opportunities. Additionally, Canada was one of the first countries to ratify the Convention on the Elimination of All Forms of Discrimination against Women, committing to submit reports to the United Nations every four years on its efforts to promote women's rights.
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Parental authority
In Canada, child protection services are provided by independent children's aid societies and not the Canadian government. These societies only intervene when there is proof of abuse or neglect. In 2017, Ontario lawmakers updated the province's child welfare laws to include "gender identity" and "gender expression" as factors for child protection workers to consider when determining the best interest of a child and whether they should be placed in foster care. However, it is important to note that a parent's refusal to accept their child's gender identity or expression is not solely grounds for removing the child from their family.
The rights of children in Canada are protected by the UN Convention on the Rights of the Child, which includes the state's responsibility to protect children from discrimination or punishment and to ensure their right to free expression and freedom of thought. The Canadian Human Rights Act also includes a section prohibiting discrimination based on gender identity or expression. These rights apply to a wide range of areas, including privacy, healthcare, sexual health education, identification documents, and more.
While parents have a significant role in making decisions for their children, parental authority in Canada is not absolute. The concept of parental rights stems from the child's rights, and parents do not have unlimited control over their children. For example, in the case of a legal change of gender, minors in Canada require parental consent. However, this can be waived by a court order or if the minor is emancipated, married, or a parent. Additionally, in the province of New Brunswick, a regulation was implemented that prevents students under 16 from changing their names or pronouns at school without parental consent.
It is worth noting that a lack of parental support for a child's gender identity or sexual orientation can have negative consequences for the child, including homelessness, physical and mental health issues, and suicidal ideation. As such, professionals working with children, such as judges and lawyers, need to be alert to these issues and their potential impact on the child's well-being.
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Foster care and adoption
In 2017, Ontario lawmakers updated the province's child welfare laws to include "gender identity" and "gender expression" as factors for child protection workers to consider when determining the best interest of a child and whether they should be placed in foster care. However, it is important to clarify that child protection workers cannot remove children from their families solely because their parents refuse to accept their child's gender identity or expression. The Canadian government is not directly involved in this process, and any intervention is carried out by independent children's aid societies in cases of proven abuse or neglect.
Ontario's Bill 89, also known as the Supporting Children, Youth and Families Act, is an update to the province's child welfare laws, encompassing child protective services, foster care, and adoption. This bill does not grant the government the authority to arbitrarily remove children from their families based on a parent's disagreement with their child's gender identity. Instead, it expands the list of factors that child protection workers, foster care, and adoption service providers must consider when making decisions in the best interest of the child. This includes accommodating a child's gender identity and expression, granting them the same protections as race, ethnicity, disability, and sexual orientation, aligning with Ontario's human rights code.
When it comes to fostering or adopting a child in Canada, there are various pathways, including public child welfare agencies, private agencies, approved adoption practitioners, or lawyers. Children who are eligible for adoption through public child welfare agencies are typically between the ages of zero and 17, but the specific laws and policies can vary across provinces and territories. Currently, approximately 63,000 children across Canada are in government care due to abuse, neglect, or abandonment, and only 2,000 children are adopted each year out of 30,000 who are eligible.
Fostering a child can be a transformative opportunity to provide care, comfort, and support to a young person experiencing trauma. On the other hand, adoption transfers all parental rights to the adoptive parents, giving the adopted child access to the same legal, social, and emotional benefits as biological children. By choosing to foster or adopt a child involved with the child welfare system, individuals can play a crucial role in providing a safe and loving family environment, helping them overcome past traumas and building resilience.
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Frequently asked questions
No, the Canadian government cannot take your child away solely because you do not accept their gender identity or expression. Child protection services are provided by independent children’s aid societies, and they can only intervene when there is proof of abuse or neglect.
In 2017, Ontario lawmakers updated the province’s child welfare laws to include "gender identity" and "gender expression" as factors for child protection workers to consider when determining the best interest of a child. This brought the law in line with the Ontario Human Rights Code, which already included these terms.
Child protection workers consider a range of factors, including a child's race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity, and gender expression.
No, the Canadian government itself does not have the power to separate children from their parents. This decision is made by children's aid societies and a judge, who will intervene only when there is proof of abuse or neglect.
Ontario's Bill 89, also known as the Supporting Children, Youth and Families Act, is the relevant legislation. It updates the province's child welfare laws, including child protective services, foster care, and adoption.
