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Projet de loi 12 en Ontario - 3e lecture Imprimer cette page


Le projet de loi 12 de l'Ontario passera en troisième lecture le lundi 28 avril 2008. Si le projet est accepté, il deviendra loi. Voici le communiqué du COAR :


COAR Update:

April 22, 2008

Clause By Clause Hearing

We returned to the legislature today for the clause-by-clause hearing of Bill 12.  In this type of hearing, politicians on a set committee go over the bill, one clause at a time, and vote whether they approve it or not.  Each committee member has the opportunity to make an amendment to any clause which s/he does not support. At the end of the hearing, after the committee has approved each clause, the chair of the committee recommends that the Bill return to the House for third reading at an unspecified time in the future.

Today both the NDP and Conservatives proposed amendments.

NDP Amendment

Michael Prue of the NDP proposed that the disclosure veto should expire after 10 years.  At this point, the person who filed it would have the option of renewal. COAR fully supports this position.  Unexpectedly, the Privacy Commissioner attended the hearing and was granted permission to speak.  She vehemently opposed this amendment and claimed that it ran counter to the courtʼs ruling on privacy.  Not surprisingly, the amendment failed.

Conservative Amendment

Norm Sterling of the Conservatives, noting that information release was not subject to a disclosure veto on adoptions occurring on or after September 1, 2008, suggested that in cases in which a child had been removed from the birth parent due to abuse that no information be released to the birth parents unless the adopted adult filed a waiver.  As with the earlier NDP motion, the Liberals used their superior numbers to defeat the motion.

Determining whether Information my be Released after Death

There was much discussion about how the government plans to discover whether a person who has filed a veto is deceased.  This is a real issue because Bill 12 makes clear that a disclosure veto dies with the person who filed it. While this is not an issue if the person dies in Ontario, there seems to be no mechanism in place to alert the Ontario government should the person die outside of the province. 

Both Mr. Sterling and Mr. Prue spoke to this matter and urged the government to find a solution.  They proposed that when an adoptee is elderly and can therefore assume that his/her birth mother is deceased that s/he might apply to the government for a discrete search to determine whether the birth mother is still alive and the veto valid or whether information can be released because the birth parent has passed away.  Much to our disappointment the government opposed these suggestions as did the Privacy Commissioner.  The Privacy Commissioner did, however, promise to give the matter thought and try to determine a method that would demonstrate that the person who had filed the veto was deceased but which would also preserve his/her privacy. Mr. Prue and COAR are drafting a letter to the Privacy Commissioner<

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