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Don't hijack children's rights - Judge Bourassa

Breaking chains of abuse can improve society, Bourassa says

Nathan VanderKlippe
Northern News Services

Yellowknife (Nov 07/01) - It's kids who matter, and they should be given priority over parents in court.

That was Michel Bourassa's message to social workers at a territorial conference this weekend.

NNSL Photo

Judge Michel Bourassa urged social workers to always work in the best interest of the child. - Nathan VanderKlippe/NNSL photo


"I am distressed by the frequency of hijacking of children's interests in favour of parental interests," he said.

Bourassa, a territorial court judge has made circuit calls to almost every Northern community since he came to Yellowknife in 1982. He spoke to 86 attendees at the annual social worker's conference held at the Explorer Hotel this weekend.

In abuse cases, children are often forgotten as lawyers plead to give mothers and fathers one more chance while they take anger management courses or attempt to stop drinking.

"I understand the logic," said Bourassa. "If the parents dried out or were rehabilitated, it would be in the best interest of the child. But at some point it becomes mere sophistry. At some point everyone's energy should go to the child."

Bourassa did not define where that line lay, but said it could extend as far back as pregnancy. In some places, social workers begin teaching parenting skills before birth.

"To me, I think the road is clear: intervene early, and you save the child, maybe the family and probably society," he said.

The crime rate in the Northwest Territories remains almost 10 times the national average, Bourassa said, and that has changed little during his tenure in Yellowknife.

Stopping chains of violence and abuse with children is the way to break those patterns, he said.

To do so, Bourassa recommended social workers take a more active role in court, paying serious attention to character recommendations and lobbying judges for speedy resolution to cases involving children.

"Even though, professionally, judges and social workers have many interests in common, we can never be partners," he said. "I'm of the view that it's our mutual interest to talk to one another. Judges would be remiss not to avail themselves of your skills and resources."

Bourassa said he has already worked to speed the judicial process, and the territorial court has pledged to make decisions on temporary wardship cases in three weeks. But he said the court is limited to the application of the law, and cannot be held responsible for the welfare of the child. That responsibility, he said, falls to social workers.

Some in attendance disagreed with what he said. Particularly when it comes to working in aboriginal locations, where some argued that the community be given a larger role.

"It takes a whole community to raise a child," said Yellowknife social worker Sheila Nelson. "We need to encourage the community to support what's going on and to understand it."