Child protection law in British Columbia: A rights-based analysis

This thesis examines the current British Columbia child protection legislative framework. The central focus is the British Columbia Child, Family and Community Service Act (1996). My primary research question is the extent to which children's rights as outlined in the United Nations Convention on the Rights of the Child (1989) are reflected in key provisions of this legislation. Three secondary research questions are: whether the due process and procedural measures provided for in the legislation are sufficient in terms of children's rights; whether the child advocacy measures are sufficient from a children's rights perspective; and the extent to which the treatment of children's rights in the child protection legislation diverges from or reconciles with critical social work and feminist theory.;My main findings are that the British Columbia child protection legislation lacks in terms of children's rights in several significant ways, notably, in a failure to incorporate adequate due process, procedural and advocacy measures for children. Drawing on both legal analysis and critical inquiry, this thesis outlines recommendations for reform to the British Columbia child protection legislation and overarching legal structure to more effectively address the rights of children in this province. In addition, I argue for a proactive, multi-dimensional and child rights focused social work practice in the field of child welfare.