Toronto Star

Few controls on custom adoption, politician says

Background and criminal checks not done on prospectiv­e parents in some Nunavut cases

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IQALUIT, NUNAVUT— A Nunavut politician says the territory isn’t doing enough to protect children under the practice of custom adoption.

“It’s wide open,” said Cathy Towtongie, a member of the Nunavut legislatur­e. “We need some checks and balances for the Inuit child.”

Custom adoption refers to the practice of a child being placed privately with non-biological parents, usually an extended family member.

Often, it involves the child of a young mother being raised by grandparen­ts or an older aunt or uncle. Government agencies are not involved. A version of the practice exists in all three territorie­s, as well as northern British Columbia and Quebec, but it is most common in Nunavut.

Between 2008 and 2015, almost 1,500 children were traditiona­lly adopted — 95 per cent of all adoptions in the territory. The practice has few controls. Nunavut doesn’t conduct basic background checks, including ensuring the prospectiv­e parent doesn’t have a criminal record or isn’t on the federal sexual predator list.

Towtongie said it’s time a practice rooted in tradition acknowledg­es the modern world.

“How can we ensure that the person adopting is not a child predator? There’s no screening process.”

Towtongie said the risks are real. Recently, she said a woman told her about a sexual predator who received a baby through custom adoption.

“Today, he’s in jail. But the child he adopted committed suicide. Who knows how many?”

A 2013 report for the federal justice department concluded “there are no requiremen­ts under the custom adoption process for social workers to conduct safety checks of adoptive homes or criminal background checks of the prospectiv­e adoptive parents.

“Custom adoption requests remain highly fluid with few checks and balances to verify the safety of the child with any minimal criminal background checks or assessment.”

In 2003, the territory’s law reform commission made 28 recommenda­tions to the territoria­l government on custom adoption.

Eight years later, the federal auditor general pointed out that none of those concerns had been dealt with.

Nunavut’s rate of sexual violence is many times higher than that in southern Canada.

In the legislatur­e, Family Services Minister Joe Savikataaq said most custom adoptions happen in small communitie­s where people know each other.

“It’s almost always (that) the person giving up the child knows the person receiving their child,” he said.

Towtongie said Savikataaq has a “rosy” idea of life in Nunavut’s small communitie­s.

“We need to know children are being protected,” Towtongie said.

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