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SOMBA K'E/YELLOWKNIFE - Speaking up for distraught parents losing their children to child and family services, and for parents who cannot afford to fight the government in court, Great Slave MLA Glen Abernethy is calling for a review of the Child and Family Services Act.

Abernethy said he wants to ensure personal biases do not influence decisions made by social services staff.

In a letter sent to Health Minister Sandy Lee dated March 13, Abernethy wrote about a case in which child and family services was pushing to have children taken from their parents. Abernethy was afraid the department's social workers had already made up their minds about one of the parents who had been charged with family assault, yet not convicted. Based upon the charge, according to Abernethy, the department has said the other parent in this case will not even be considered for keeping custody of the child unless the parents get divorced.

"Until (the parent's) status is known, it's patently unfair to all parties - including the children who the act was designed to protect - for child and family services to make a permanent decision," Abernethy wrote. "For child and family services to suggest that (the parent) will be considered guilty regardless of the court findings is completely inappropriate and suggests a bias on the part of child and family services - a bias which must not exist in the best interest of all parties."

"It has frustrated this family so much," he wrote, explaining one parent is on the verge of suicide and the other is near complete breakdown.

Abernethy said he has not received a formal response to his letter.

Gail McCurdy, spokesperson for the health minister, said the matter Abernethy wrote about is before the court and the minister and the department will not comment on it. Because of the Child and Family Services Act, the names of the members of the family cannot be identified.

An independent review of the act would ensure the best interest of children and both parents are kept in mind when decisions are made, according to Abernethy. The review would be similar to what is required with the Official Languages Act, where non-government organizations, members of the public and regular MLAs can express what they think works and what doesn't.

"The ultimate premise is the safety and health of children is first and foremost," he said, adding it is in children's best interest to have equal access to their mother and father.

Abernethy said he believes the act works nine times out of 10, and that he means no disrespect to the territory's social services professionals.

"It's hard, hard work," he said. "There are professionals that are working their butts off."

But he said sometimes personal biases can creep into work and he wants to make sure there is something in place to safeguard against that.

"Sometimes I think personal feelings can get intermingled, which can affect decisions," he said. "When that happens, there is no recourse for the parent, who is the recipient of that bias."

He said he would like to see the act come up for review by regular MLAs, to ensure there are accountability measures in place if someone feels wronged by a decision.

Presently, Abernethy said the Department of Health and Social Services is in charge of reviewing the act.

McCurdy said the health department already did a review in 2007 and it was voted upon by the legislative assembly. The changes came into effect in 2008.

"At this time there is no plan for a review," she said.

Abernethy said he also had issues with legal aid when it comes to parents taking on the government in court. Unless they can hire their own lawyer, the parents would be limited to amounts approved by legal services while the department is able to spend at will for court proceedings.

"The department has got the weight of the government behind them, and they will spend whatever it takes to win," he said, while a family - the "working poor" in some cases - are left without full and unlimited representation.

"The system, as it is, is not working for all parents," wrote Abernethy.

The MLA said the legislation would benefit from public consultation.

"The review doesn't mean changes necessarily," Abernethy said. "We have to see what the truth is. It may be the act is fine, but it doesn't appear that way to me now."