Province should investigate case of pregnant child: retired Justice Ted Hughes

Retired justice Ted Hughes says the province should investigate how a pregnant child sought a medical abortion without sparking an intervention from child welfare officials.

Hughes said the case illustrates a point he made almost two years ago in his report on Phoenix Sinclair — that the Office of the Children's Advocate, designed to review problems — does not have the power to properly investigate.

While the province vows to pass legislation that would strengthen their powers, Hughes said it shouldn't wait for that.

"I'm surprised that child and family services, the ministry, isn't taking an aggressive stand. I would have expected that because unquestionably this child was in need of protection," Hughes said. "Do I think this should be looked into? I certainly do."

I'm surprised the ministry isn't taking an aggressive stand.- Justice Ted Hughes

Hughes was responding to a case that came to light this summer about a girl who was repeatedly sexually assaulted by her stepfather since she was in Grade 6.

Twice, he got her pregnant and twice he arranged an abortion — first in Newfoundland and the second in Winnipeg.

Despite the fact she was 12 years old, child welfare officials were not called in to determine whether she was at risk.

Instead, she was sent home to recover from the abortions to the man who abused her. Anyone who suspects a child has been abused is legally obligated to report it.

The abuses stopped in 2012, when the stepfather was charged after two unrelated assaults on the girl's best friend and friend's mother.

He pleaded guilty to the crimes and was sentenced to 16 years in prison.

A provincial spokesperson told CBC the family services minister would not review the case to determine why child welfare officials weren't contacted, and that instead, it is a matter for the police to investigate.  

A spokesperson for the Winnipeg Regional Health Authority confirmed they too, are not reviewing this case. 

The Office of the Children's Advocate told the CBC the case is "disturbing," but presently, the arms-length child welfare watchdog has no authority to do anything more than ask questions about what went wrong.

That may change later this fall because the province wants to pass legislation that would give the advocate more powers to investigate, make recommendations and make public the results of investigations.

Justice Hughes said they shouldn't wait for that. But if they do, then this case should be the first on their agenda. 

"Then that person would have the authority to go into this case, get the facts, reveal to the public who dropped the ball and make recommendations ... to prevent any other child to be left in the condition that this child was."

Meanwhile former social worker and longtime child welfare advocate Marion Willis said she will file a complaint with the Winnipeg Police Service in hopes they will investigate the possibility someone failed to report the abuses.