Government must disclose.

• Author: Mitchell, Teresa

An Alberta mother fighting a guardianship order for two of her children claimed that failure on the part of the Department of Child Welfare to fully disclose information from its government file prevented her from fully advancing her case and violated her Charter rights to security of the person. Justice Myra Bielby of the Alberta Court of Queen's Bench agreed. She wrote "For a hearing to be fair, the parent must have the opportunity to present his or her case effectively. Effective parental participation at the hearing is essential for determining the best interests of the child in circumstances where the parent seeks to maintain custody of the child." She included the following requirements in her ruling:

* parents and guardians of children are entitled to disclosure of all relevant information in the possession of the Department, except information that may be irrelevant, or that might disclose the names of informers, or which may potentially harm a...