Less than half of Canadian adults with disabilities have jobs: StatsCan

Less than half of working-age Canadians with physical and mental disabilities have a job, a significantly lower percentage than the general population, according to Statistics Canada.

A data agency report released Wednesday coincides with International Day of Persons with Disabilities, a UN sanctioned day to raise awareness. The report covers data from 2011 and indicates 49 per cent of Canadians between ages 25 and 64 who said they have a disability could find employment. That compares with a 79 per cent employment rate among the general working-age population.

“Canadians with disabilities include those with a physical or mental disability related to seeing, hearing, mobility, flexibility, dexterity, pain, learning, development, psychological/mental disorders or memory,” the agency says.

About two million people across Canada self-identify in that category — about 11 per cent of Canada’s entire population for that age group. Out of those more than two million people, only about a million of them have some sort of job.

Within the group of individuals who consider themselves to have some sort of disability, the agency divides disabilities into four categories, with these job rates:

Mild disability — 68 per cent employment rate.
Moderate disability — 54 per cent.
Severe disability — 42 per cent.
Very severe — 26 per cent.
Generally speaking, the more severe the disability, the less likely an individual will get work.

Diane Bergeron is the national director for government relations and advocacy with the CNIB. She says the main problem that people with vision issues face in terms of employability isn’t a lack of skills — it’s a perception and an assumption that they can’t do the job, or that the workplace will have to accommodate them in some onerous way.

“People think ‘if I was to close my eyes, I couldn’t do any of the work I do, like use the computer or read files’ [so they assume a blind person can’t either],” she said in an interview. “But what they don’t think about is there are talking computers — technology has opened up the world to have us participate.”

According to the Statistics Canada report, having a university degree seems to increase the odds of finding employment, for both Canadians with disabilities and without.

Education pays off

Employment rates for university graduates with mild, moderate and severe disabilities weren’t that far off from the rate for those without any disability — the rates for all the categories ranged between 77 and 83 per cent.

But the employment rate of university graduates with a very severe disability was lower, at 59 per cent.

A bias against disabled people with the appropriate level of education is a big problem, Bergeron says, because people with vision issues often face disproportionate difficulties in getting a job, even after they’ve gone out and obtained the necessary level of education.

“Employers always tell me that their ideal employee has skills like strategic thinking, problem solving, drive and passion,” she says. Those are the types of skills that blind people have in abundance, as they need to use them to do countless daily tasked that sighted people — the “retinally dependent,” she quips — aren’t even aware of, such as getting into work in the first place.

“All the skills you want in an employee are abundant in an employee who you have decided isn’t ideal,” Bergeron says.

Statistics Canada’s numbers show education is clearly a factor in employability across all groups, and the numbers suggest that’s especially true for Canadians with disabilities.

Among those with a severe or very severe disability and less than a high school diploma, the employment rate was only 20 per cent. That compares to a 65 per cent employment rate for the population at large of Canadians who didn’t finish high school.

Perhaps most troublingly, people with disabilities often earn far less than other Canadians without a disability — even when doing similar work.

Men with disabilities and who have university degrees and full-year, full-time work earned an average of $69,200 in 2011, compared to $92,700 for men with no disability.

The numbers showed the same trend for women, although the gap was smaller.

Among women university graduates working full time, employment income for those with disabilities averaged $64,500, compared with $68,000 for those without a disability.

It’s a story that Bergeron hears often — the right person for the job is passed over because society has decided they might be “disruptive” to the workplace and not worth the cost of accommodating.

“That’s the perception,” Bergeron says, “that they wouldn’t have the skills.”

http://www.cbc.ca/news/business/less-than-half-of-canadian-adults-with-disabilities-have-jobs-statscan-1.2858954

Forced Sterilization of Romani Women

“I decided to come out with my story so that it doesn’t happen to other women, to our children, to our grandchildren. So that they never find themselves in the situation I am in today.”

Elena Gorolova, victim of forced sterilization, interview for Romedia’s I’m a Roma Woman campaign

Elena Gorolova

Between 1971 and 1991 in Czechoslovakia, now Czech Republic and Slovakia, the “reduction of the Roma population” through surgical sterilization, performed without the knowledge of the women themselves, was a widespread governmental practice. The sterilization would be performed on Romani women without their knowledge during Caesarean sections or abortions. Some of the victims claim that they were made to sign documents without understanding their content. By signing these documents, they involuntarily authorized the hospital to sterilize them. In exchange, they sometimes were offered financial compensation or material benefits like furniture from Social Services – though it was not explicitly stated what this compensation was for. The justification for sterilization practices according to the stakeholders was “high, unhealthy” reproduction.

They sterilized thousands of Roma women in this way. The Czech ombudsman estimated that more than 90,000 women from former Czechoslovakia became infertile as a consequence of such interventions. If the evidence for such treatments performed in the past is not alarming enough, there seems to be proof that this practice was not only common during the Communist era: there are women reporting the same crime in post-Communist times as well, even after Czechoslovakia split into Czech Republic and Slovakia. In what is today Slovakia, 1000 Roma women and girls were sterilized annually in the 1980s. Unfortunately, the practice of forced sterilization in this region of Europe seems to persist to some extent, with cases emerging in other countries as well.

The European Roma Rights Centre pointed at two cases of Romani women who were sterilized in Hungary without their consent. One of them relates back to 2001, when a young woman, A.S. accused a hospital for sterilizing her without her knowledge. Following eight years of intensive lobbying, with several organizations started pressuring the government, in 2009 the Hungarian state compensated A.S. The court acknowledged that the surgery was performed without her knowledge, but it also claimed that the surgery did not harm A.S.’s reproductive capacity as the sterilization was purportedly “reversible”. The second case taken up by ERRC is still in process, as it was rejected in the first instance by the Hungarian Court.[1]

The victims of forced sterilization have begun to speak out against these crimes by creating a movement to stop forced sterilization and bring justice to the victims in the Czech Republic as well. Czech Romani activist Elena Gorolova was one of those who started the movement by founding Group of Women Harmed by Forced Sterilization. She is a victim too, sterilized while having her second child in 1990. Mrs Gorolova, like many other Romani women, was not able to file a civil lawsuit because the deadline for seeking legal action had already expired. Nevertheless, she tried to pursue legal justice with other women, moving her case from the local to the national and international level. They organized demonstrations, such as the one in Ostrava in front of the hospital infamous for sterilizing Romani women in large numbers. Elena is one of the eighty-seven women who sent their complaints to the Czech ombudsman, reporting forced sterilization. In December 2005, in his final statement on the issue, the ombudsman declared that sterilizations performed on Romani women are illegal.[2]

The story of Elena and the others is not the first policy of compulsory sterilization in history. The first was documented in the US in the beginning of the 20th century. African-American women were sterilized against their will, many of them without their knowledge, while they were in a hospital for other reasons or sometimes even while serving a prison sentence. More than 65,000 individuals were sterilized in 33 states in the framework of compulsory sterilization programs. This US policy was followed by several other countries, including Canada, Russia and Germany, that approved compulsory sterilization as a governmental practice.

In the case of the Czech Republic and Slovakia, many lawsuits ended with the victory of the victims of sterilization. However, most of the pursuers kept their identity secret or the outcome of the case was not made public for other reasons. Elena Ferencikova was the first Roma women to sue the Czech Health Authority in 2005 for the damages she suffered when they sterilized her at the age of only nineteen.[3] The court didn’t decide on financial compensation but the hospital where they performed the intervention apologized for sterilizing Elena without her agreement, damaging her future and her harming her status in her community. At the time of the intervention, she was a young bride, with the dream of having a big family.

Until the most recent past, over 87 Romani women filed an official complaint against the Czech health authority The first action on the government’s behalf was an apology in 2009 during a press conference, followed by the report from the Czech Ombudsman about the illegality of the practice in 2005.[4]

Among the individual cases which ended in favor of the victims is that of Iveta Červeňáková who sued the Czech Republic for sterilizing her about fourteen years ago. Her case was in front of the Ostrava Regional Court for one million Czech crowns compensation, since she never requested the surgery. After losing the case, the hospital appealed to the High Court in Olomouc, claiming that her right for financial compensation expired and she can only win an apology. But their statement was not accepted and the Czech Supreme Court decided that Ms Červeňáková still has the right for financial compensation. The case was concluded with an out of court settlement between the hospital and the victim. The details are confidential between the two parties. [5]

The above case seems to be rather typical: the content of out of court settlements is not made public and the reason that women gained mere apologies from the hospitals is usually due to an allegedly expired right for financial compensation. On the other hand, there are cases whose outcome was made public, like one from 2012: the court made the decision that the government was at fault and the woman in question should receive a compensation of EUR 10,000.[6]

Looking at several cases of forced sterilization, a serious infringement of human rights is what should be emphasized, as reflected also by the recommendations from the NGOs’ side, the ERRC and the Czech Government Human Rights Commissioner Monika Šimůnková, who all stress the need for developing a compensation mechanism for all victims of sterilization. A well-functioning mechanism is needed since not all victims are literate enough, have the financial sources, or the knowledge to ask for justice in court. Majority of Czech ministers agreed and a mechanism should be developed by the end of 2013, as part of the already existing legal framework. However, there is a concern that many of the affected women will still be excluded from the opportunity to gain justice.[7]

To add a personal perspective on the issues at stake, I see many reasons justify the need for the government to develop a compensation mechanism. For instance, trends show they are losing cases on the international level. Developing such a mechanism would mean that the cases would remain on the local or national level. Another reason could be financial: whatever compensation mechanism the government develops, the amount of compensation is not equivalent to the cases decided by the European Court of Human Rights. The third reason could be that authorities are trying to escape the negative backlash caused by not assuming responsibility and not criminalizing this governmental practice. In conclusion, the development of a compensation mechanism could keep “embarrassing” cases from reaching international publicity, which could lead to public ignorance if no one realizes how many actual victims there are and in what circumstances these crimes happened.

Of course, one could also argue that after years of injustice affecting hundreds of women, the fact that some women will receive justice might pave the way for others. Still, the question must be asked: is this enough? Is compensation enough? I am concerned that whatever compensation they eventually receive, the truly important development would be if governments themselves are seriously pushed to criminalize forced sterilization: only this could prevent these horrible stories from repeating themselves.

While human rights can be violated by individuals or by institutions, they can only be defended by institutions. The European Court of Human Rights does not deal with single individuals who have committed crimes. Rather, it focuses on why the government in question could not take action against what happened. But where are the doctors, politicians and all the people who personally contributed to or carried out such surgeries, and when they are going to take responsibility for their actions? In order to take action against this human rights violation, blaming the Communist regime is not enough. The practice continues today and forcibly sterilized Romani women are still a long way from receiving true justice.

Written by: Galya Stoyanova, Romani intern at Romedia Foundation

[1] Albert, Gwendolyn. “Forced Sterilization and Romani Women’s Resistance in Central Europe.” Forced Sterilization and Romani Women’s Resistance in Central Europe. N.p., 2011. <http://popdev.hampshire.edu/sites/popdev/files/uploads/u1149/DT_71_Albert.pdf&gt;.

[2] Ibid.

[3] Holt, Ed. Roma women reveal that forced sterilization remains. N.p., 12 Mar. 2005. Web. <http://www.thelancet.com/journals/lancet/article/PIIS0140-6736(05)71063-1/fulltext&gt;.

[4] Decade of Roma Inclusion . Czech Prime Minister Apologizes to Victims of Coercive Sterilization. N.p., n.d. Web. 1 Feb. 2013. <http://www.romadecade.org/czech_prime_minister_apologizes_to_victims_of_coercive_sterilization&gt;.

[5] Stop Torture in Healthcare. <http://www.stoptortureinhealthcare.org/news-and-resources/forced-sterilization/czech-hospital-pays-romani-woman-forcibly-sterilized-14-year&gt;

[6] ROMEA. Czech Gov. compensates another woman over illegal sterilization. N.p., 11 Dec. 2012. Web. 1 Feb. 2013. <http://www.romea.cz/en/news/czech/czech-govt-compensates-another-woman-over-illegal-sterilization#&gt;.

[7] Open Society Foundations. Against her will – Forced and coerced sterilization of women worldwide.

<http://www.opensocietyfoundations.org/sites/default/files/against-her-will-20111003.pdf&gt;

We Were Children

If you missed the recent broadcast of We Were Children you can still watch the full movie online. It will be available for viewing until April 23.

We Were Children

We Were Children is a 2012 Canadian documentary film about the experiences of First Nations children in the Canadian Indian residential school system. Produced by the National Film Board of Canada. For over 130 years, Canada’s First Nations children were legally required to attend Government-funded schools run by various orders of the Christian faith. ‘We Were Children’ is based on the testimony of two survivors.

A 24 hour Indian Residential Schools Crisis Line is posted at the beginning of the film offering assistant to anyone who is distressed by the broadcast: 1-866-925-4419

The film was shot in Manitoba, in Winnipeg, St-Pierre-Jolys and at the former Portage residential school, now the Rufus Prince building, in Portage la Prairie. It was produced by Kyle Irving for Eagle Vision, Loren Mawhinney for eOne Television, and produced and executive produced by David Christensen for the National Film Board of Canada. The executive producer for the Eagle Vision was Lisa Meeches, whose parents and older siblings were sent to residential schools.

Meeches, who spent over seven years travelling across Canada to collect residential school survivors’ stories for the Government of Canada, has stated that the idea for the film originated from a discussion she’d had at the Banff World Media Festival.[6] It was Meeches who approached director Wolochatiuk with the project. CBC Manitoba reporter Sheila North Wilson assisted the production by translating material in the script from English to Cree.
We Were Children premiered on October 2, 2012 at the Vancouver International Film Festival, followed by a screening at the imagineNATIVE Film + Media Arts Festival in Toronto on October 18. It was broadcast on the Aboriginal Peoples Television Network in March 2013, followed by a DVD release from the National Film Board of Canada on April 12, 2013. (background information taken from the wikipedia article written on the film).

Today, March 27, 2014 the Truth and Reconciliation Commission of Canada begins hearings at the Shaw Conference Centre. The hearings are open to the public and attendance is encouraged. As the TRC Mandate (1998) stated, it is not only the sincere “acknowledgement of the injustices and harms experienced by Aboriginal people” but also the community’s step for “continued healing” and “[paving] [of] the way for reconciliation” that is the overall aim of testimonies through the the context of the TRC.

The program for the TRC in Edmonton can be found here:http://www.trc.ca/websites/alberta/index.php?p=766

NO REGISTRATION NEEDED TO ATTEND.
Those wishing to provide a statement to the Commission may register onsite during the event.

CAN’T COME? The Alberta National Event will be livestreamed at http://www.trc.ca.

Reflections on World Down Syndrome Day 2014

March 21st is World Down Syndrome Day, and 2014 is the ninth year in which it has been held, and the third in which it has been recognized by the United Nations. I want to start this post with an already-widely viewed video from CoorDown that has been up for less than a week, and step back from there.  The video is called “DEAR FUTURE MOM”:

At the time of writing, this video had been viewed over 1.6 million times in 6 days, with over 500 comments on it.  It’s clearly designed to be emotional and to directly send a number of messages, including at least these: anxieties about having a child with Down syndrome are understandable but overblown; children with Down syndrome will likely bring much joy and richness to the lives of any family they are in, and particularly to mothers; and Down syndrome does not obliterate or subhumanize the person who has it.

The need for those messages, and perhaps others, to be sent, loud and clear, is grounded in the sad fact that parental fears associated with potentially having a child who will have Down syndrome are amongst the highest risk factors for people with Down syndrome.  This is because Continue reading

Truth & Reconciliation Commission – Edmonton March 27 – 30, 2014

For 116 years, thousands of Aboriginal children in Alberta were sent to Indian Residential Schools funded by the federal government and run by the churches. They were taken from their families and communities in order to be stripped of language, cultural identity and traditions.

Canada’s attempt to wipe out Aboriginal cultures failed. But it left an urgent need for reconciliation between Aboriginal and non-Aboriginal peoples.

There were more Indian Residential Schools in Alberta than in any other province. The Truth & Reconciliation Commission of Canada (TRC) is holding its Alberta National Event in Edmonton this year.

Come and share your truth about the schools and their legacy. Witness and celebrate the resilience of Aboriginal cultures.
(excerpt from TRC.ca)

Alberta National Event – March 27 – 30, 2014 will be held in Edmonton at the Shaw Conference Centre 9797 Jasper Avenue. No registration needed to attend. Those wishing to provide a statement to the Commission may register onsite during the event.

You can download the program click here

On Thursday March 20 from 3:00 pm – 5:00 pm at the University of Alberta, Lister Centre, Maple Leaf Room
Understanding the TRC: Exploring Reconciliation, Intergenerational Trauma, and Indigenous Resistance featuring:

Commissioner Dr. Wilton Littlechild
Dr. Rebecca Sockbeson
Dr. Ian Mosby
James Daschuk
Dr. Keavy Martin
Tanya Kappo
Moderated by Jodi Stonehouse

Reception 5:00 pm – 6:00 pm – Tea, bannock and berries. Event is free.

Gala Reading featuring:
Marilyn Dumont
Daniel Heath Justice
Eden Robinson
Gregory Scofield
Anna Marie Sewell
Richard Van Camp

Friday, March 21 from 7:30 pm – 9:30 pm in Humanities Centre L-1 (111th Street and Saskatchewan Drive)
Giveaways. Books for sale. Free Admission

You find this information and links to campus maps here

What happens when your son tells you he’s really a girl? Inside the families embracing the new world of gender variance

Some medical professionals see gender variance as a natural characteristic of human diversity, similar to sexual preference, that should be accepted and even celebrated. An article in Macleans (Jan 6, 2014) explores the lives of supportive families and their trans and gender variant children..

The Public Health Agency of Canada published comprehensive recommendations in 2010 for schools to support gender-variant students and several provincial governments have added “gender expression” to the list of prohibited grounds for discrimination. The tides may be turning but the need for education is high. The negative judgement of trans individuals suggests there is a 17% higher risk for suicide and even higher risks for being bullied by others.

The Macleans article also has a short video embedded within and pictures throughout, providing a glimpse into the daily lives of trans and gender-variant children and their families. This is an excellent introduction and movement towards educating the public and advancing the needs of trans youth – which is a natural characteristic of human variation.

You can read the article here: http://www2.macleans.ca/2014/01/13/what-happens-when-your-son-tells-you-hes-really-a-girl/

 

In the United States the National Gay and Lesbian Task Forces and the National Center for Transgender Equality conducted a survey of 6,450 trans and gender non-conforming individuals from all 50 states. This study was the first of its kind and provides us with a clear picture of what needs to change in order to stop the injustice in their lives..

Discrimination against trans and gender variant individuals provides critical data for policymakers, community activists and legal advocates to confront the appalling realities. Respondents experience higher levels of poverty and a staggering 45% of those survey reported attempting suicide. Harassment and discrimination in education was reported at alarmingly high rates and include physical assault (35%) and sexual violence (12%). Harassment was so severe that it led to almost 15% to leave school in K-12 settings or in higher education..

Abuse by Police, discrimination in health care and public accommodations, employment discrimination and economic insecurity, as well as housing discrimination, barriers to receiving updated documents (identification and personal records). The 6,450 individuals all reported that family acceptance was of great importance, although the majority reported experiencing family rejection. Despite all of the harassment, mistreatment, discrimination and violence faced by trans individuals the study demonstrates their determination, resourcefulness and perseverance. This report is a call to action for all of us, especially for those who pass laws and write policies. Inaction is a form of violence that will negatively affect trans and gender variant people. Take up the call for human rights for transgender, transsexual, trans, and gender variant people and confront the patterns of abuse and injustice. Let’s learn (and teach) the values of human variation to our children, to each other and let’s learn more ourselves!.

You can access the full report titled “Injustice at every Turn” here: http://www.TheTaskForce.org or here: wwww.TransEquality.org. You can also get more information about the survey at: http://www.EndTransDiscrimination.org

Restrictive laws silences grieving parents

Publication ban prohibits naming deceased children, shields Alberta government from scrutiny.
Alberta’s ban on publicizing the names and photos of children who die in provincial care is one of the most restrictive in the country, robbing grieving families of their ability to raise concerns in public about the deaths and sheltering government officials from scrutiny.

About 10 children die in care in Alberta every year, but because of a law that prevents their names and photographs — and those of parents or guardians — from being publicized, the public is denied the right to know who they are and assess whether their deaths could have been prevented.

Basic information about the 145 children who died in care in Alberta between 1999 and 2013 was only released to the Edmonton Journal and Calgary Herald after a four-year legal battle. Still, we can only tell you the names of two of the 145. That’s because their parents applied in court to have the publication ban lifted — a step all parents must take if they wish to speak out about the deaths of their children.

Velvet Martin, who went through the court process, said the ban is evil and “the nemesis of justice.”

“They have failed the child in the utmost way possible and now they are stealing their identity — the only thing they have left,” said Martin, whose daughter Samantha died after being in care. “It’s bad enough to lose a child, but to have it covered up is just wrong and I won’t stand for it.”

With scant information on child death cases, Albertans are left to trust that the government will investigate and correct any systemic problems, yet often the same people responsible for supervising a case lead the review.

The result of the legislation is a blanket of confidentiality over the child welfare system.

Child welfare agencies won’t talk to the media. Several didn’t respond to repeated requests for information about how they protect children and one, citing the province’s privacy act, referred calls to the Ministry of Human Services.

People who work inside the system are barred from speaking publicly about their experiences; even those who spoke on condition of anonymity were afraid they’d lose their jobs.

Government officials argue the ban is necessary to protect the privacy of children and their families; in some cases, a child who dies might have siblings who are also in government care. Children in care are some of the province’s most vulnerable citizens, and provincial authorities feel strongly about trying to protect them.

“I think there is always a balance of values that you have to take into account,” said Human Services Minister Dave Hancock. “One of the values obviously is an open and transparent process so that people can know and understand what is happening and know that things are being handled in an appropriate fashion. The other value is you don’t want to intrude in the personal lives of families any more than necessary, particularly in circumstances like that where they have already suffered significant tragedy.”

In a press conference on Wednesday, in response to the Journal-Herald investigation, Hancock said that the issue of where that line should be drawn will be discussed at a roundtable of MLAs and experts scheduled for January. Hancock announced the roundtable on Tuesday.

The Alberta College of Social Workers supports the principle of the ban for the benefit of the family and any siblings.

“It could cause some definite hardship for the family,” said spokeswoman Lori Sigurdson. “They could be ostracized in the community. It could be a shame thing. Their relationship with the ministry and the worker who is working with them could become antagonistic or more difficult because they feel they have betrayed them.”

Hancock said the bodies that review deaths — including the child and youth advocate, the quality assurance council and the fatality inquiry review board — provide the public with appropriate access to information. He said it’s “not necessarily useful to publish a name and face just for the prurient interest of the opposition or others.”

However, in an interview this month, Hancock admitted he didn’t realize the law went so far as to prohibit parents from talking about their children and releasing their names to the media, and said he would look into it.

“I think families for the most part need to be able to heal and need to have the discussions that they need to heal,” he said.

That’s the argument made by the family of a 21-month-old aboriginal baby who died in a foster home in 2010.

“It is ridiculous. We want to tell our story and we can’t,” the girl’s aunt said. “We’re suffering in silence here.”

A Morinville foster mother has been charged with second-degree murder, but the case has not yet gone to trial. It could be years before the facts of the case and what went wrong are revealed — if ever.

Choking back tears, the aunt said problems with the system must be scrutinized if similar deaths are to be avoided. “Every couple of years, another child is dying in care, and it is usually a native kid,” she said.

Martin, the mother who had the ban lifted on her daughter’s name, said almost every family she has met wants to speak out, but they often don’t know their rights and can’t afford to seek legal advice.

“A lot of people don’t have the fortitude, they don’t have the education, the ability, to come forward,” said Martin, a spokeswoman for a national advocacy group called Protecting Canadian Children.

In her case, she was able to lobby for a fatality inquiry. During that process, she found out that while Samantha’s caseworker had assured her that the girl — who had a number of medical conditions — was getting exceptional care, the caseworker hadn’t seen her for 14 months, nor had she been examined by a doctor in three years.

“I was naive and under the impression that children’s services was doing an internal investigation and were actually going to do something other than cover their ass,” she said. “It was a hard lesson for me.”

Like Martin, Jamie Sullivan went to court to lift the ban on her daughter Delonna’s name — but she’s angry she had to. “If you want to arrest me for talking about my daughter, then arrest me,” she said. “You can’t take anything more from me than you have already. … And I’m not going to have somebody telling me I can’t show her picture. That’s just not right.”

The publication ban law is part of Alberta’s Child, Youth and Family Enhancement Act. It stipulates that “no person shall publish the name or a photograph of a child or of the child’s parent or guardian in a manner that reveals that the child is receiving or has received intervention services.” The penalty is a maximum $10,000 fine or up to six months in jail.

Prior to legislative changes in 2004, the ban didn’t exist. A 13-member task force, chaired by Calgary MLA Harvey Cenaiko and made up entirely of Conservative MLAs and child welfare officials, had recommended the change to government. Cenaiko told MLAs the new provisions were drafted to align with the Freedom of Information and Protection of Privacy Act. No mention was made that the ban remained in place after a child died.

Provincial privacy commissioner Jill Clayton, who wasn’t in office when the law was amended, said she can’t find any record of the government consulting the office for advice or guidance on the issue.

Across Canada, most provinces ban the publication of names of children who are in care or receiving services from the government, but lift the ban or decline to enforce it when one of those children die. Only Nova Scotia, New Brunswick and Quebec have bans similar to Alberta’s, and officials say Quebec currently does not enforce the ban when a child dies.

But in Alberta, despite the minister’s promise to review the ban, the government continues to enforce it.

This month, Alberta’s children services director refused a request from the Journal and Herald to lift the ban on the name of a Samson Cree baby, opposing an application that was supported with affidavits from both the child’s parents.

Being able to publish the names, photographs and personal stories of children who die in care are large factors in bringing about change, experts say. If parents are muzzled, there is no one else to speak for the children, said Robert Fellmeth, executive director of the Children’s Advocacy Institute in the U.S.

“These children have no lobby,” said Fellmouth, a professor of public interest law at the University of San Diego. “They have no campaign contributions. They don’t vote. Their sole asset is democracy, and public sympathy and concern, and disclosure. That’s the sole political card they have.”

Many laws to protect children are named after child victims, he noted. The Amber Alert system was named for Amber Hagerman, a nine-year-old abducted and murdered in Arlington, Texas, in 1996, while Chelsea’s Law in California, which increases penalties and monitoring of sexual offenders, was named after 17-year-old rape-murder victim Chelsea King.

In Canada, there’s the Jordan Principle that stipulates that care be provided for children when they need it and decisions about who is responsible for paying for it be made later. It is named after a five-year-old Manitoba Cree child named Jordan River Anderson, who died in hospital while federal and provincial authorities bickered over who was responsible for his home care.

And in other provinces, the deaths of children in care make headlines. In Manitoba, a public inquiry has put the 2005 death of five-year-old Phoenix Sinclair under the microscope; in Saskatchewan, RCMP are investigating the alleged 2013 murder of six-year-old Lee Bonneau by another child under the age of 12; and in Ontario, an inquiry has been probing the case of five-year-old Jeffrey Baldwin, who died in 2002 after years of mistreatment.

By comparison, in Alberta, when the child and youth advocate writes reports about flaws in the system, he has to make up names for the children. In July, he released “Remembering Brian,” and just last week he issued “Kamil: An Immigrant Youth’s Struggle.” Both are pseudonyms.

Even when a death of a child in care is examined at a fatality inquiry in Alberta, the children and parents are identified only by initials. Provincial court Judge Leonard Mandamin balked at this practice in an August 2007 fatality inquiry report into the suicide of a 16-year-old Tsuu T’ina boy. “The use of initials dehumanizes the tragic death of this young person,” he wrote.

University of Manitoba professor Arthur Schafer, director of the Centre for Professional and Applied Ethics, wonders who the publication law is designed to protect.

“My overarching concern is that privacy is being used as a smokescreen to conceal potential wrongdoing and to prevent the public from getting an accurate picture of problems that may turn out to be systemic,” he said. “Privacy considerations are important, but they aren’t absolute.”

Publication bans by province

British Columbia: The name and photo of a child who dies in care can be published provided information comes from family or other sources.

Alberta: It is illegal to publish names or photos of children who die in care without a court order lifting the ban.

Saskatchewan: The name and photo of a child who dies in care can be published provided information comes from family.

Manitoba: The name and photo of a child who dies in care can be published provided information comes from family.

Ontario: The name and photo of a child who dies in care can be published without restriction.

Quebec: It is illegal to publish the name and photo of a child who dies in care, but the law is not enforced.

New Brunswick: It is illegal to publish the name of a child who dies in care.

Nova Scotia: It is illegal to publish the name of a child who dies in care.

Prince Edward Island: The name and photo of a child who dies in care can be published.

Newfoundland and Labrador: The name and photo of a child who dies in care can be published if information comes from family or other sources.

BY DARCY HENTON AND KAREN KLEISS, CALGARY HERALD AND EDMONTON JOURNAL

Story can be found online here: http://www.edmontonjournal.com/news/Restrictive+silences+grieving+parents/9221675/story.html