Discredited alcohol, drug testing program harmed families: report

cases, and the program came under scrutiny after an appeal court decision highlighted differing expert opinions about a particular hairtesting method previously used by Motherisk.

“The discovery that unreliable test results were used as part of expert evidence in child protection proceedings for so many years undermines the public’s confidence in the fairness of our justice system, particularly with respect to how it treats vulnerable people,” Beaman said in the report released Monday.

“The testing was imposed on people who were among the poorest and most vulnerable tests had a significant impact on the outcome, “families were broken apart and relationships among children, siblings, parents, and extended families and communities were damaged or lost,” Beaman said.

Those families were given referrals to lawyers and mediation paid for by the commission, but their legal options depended on the stage of the case, she said.

“The laws and rules place limits on the ability of biological parents and other family members to appeal or challenge final orders about children,” she said.

“Even where an appeal or challenge is possible, the court may decide that it is not in the child’s best interest to alter their living or access arrangements. This means that even where the discredited Motherisk testing substantially affected the outcome of cases, the families will likely have difficulty bringing about a change in the children’s situation.”

The Motherisk saga has shown that the child protection and court systems must be more careful in how they use expert evidence, and that more supports are needed for families and communities, she said.

The commissioner issued 32 recommendations “as steps toward ensuring that no family experience similar harm in the future.”

They include changes to legislation and rules on the use of expert evidence and on strengthening parent representation during child protection proceedings, more education for judges, the creation of family-inclusive substance abuse treatment programs and measures to address racism in the child welfare system.

She also recommends extending free counselling services to the affected families for three years on top of the two they have already been offered.