Nameless no more
One fix remains to ensure transparency around child deaths
The case of little Phoenix Majestic Omeasoo is the perfect example of why Alberta’s ban on naming children who died while in government care was an injustice.
The baby suffocated to death in a collapsed bassinet while in foster care four years ago, but up until this week, her mother, Toni Omeasoo, was prohibited from publicly speaking her daughter’s name.
“I want people to know what happened to her, I want her to be remembered,” the mother said through tears. “She is not forgotten, and there are people who care about what happened to my family. Maybe it will change something for another mother.”
The problem with the automatic publication ban, which had been law since 2004, was that it failed to acknowledge a family’s loss. It was unfair to muzzle grieving relatives, demanding that they not state publicly the name of the lost loved one or show a photograph of the deceased. Preventing them from talking about the children had the effect of denying their existence, insisting that they be portrayed to much of the world as faceless, nameless victims. And as critics noted, there was a broad perception that the publication ban was intended to shield the system from scrutiny, rather than protect families’ privacy.
Since Manmeet Bhullar succeeded Dave Hancock in the crucial Human Services portfolio in December 2013, he has made it clear there’s another benefit of sharing the identities of those who perish while in foster care: lessons can be learned that can prevent future heartache.
“We all need to learn from their stories, we need to make our system better and make our society better as a result of their stories,” Bhullar said Wednesday when cabinet proclaimed the new law that allows families and caregivers to speak publicly about the death of a child, unless a judge grants a publication ban in an individual case. “It is the right thing to do.” Indeed it is. An award-winning Calgary Herald-Edmonton Journal investigation discovered the government had seriously under-reported the number of children who had died in care and failed to monitor implementation of recommendations to prevent similar deaths.
If there’s one loose thread, however, it’s the fact the ministry could go to court in secret and secure a publication ban without the public’s knowledge — a power that would undermine what is otherwise an important step in providing greater transparency.
“They may not intend to do that, but that’s what the regulation allows, as it’s currently drafted,” said NDP MLA Rachel Notley last week, adding she’s “concerned we’re getting something given to us with the left hand, and taken away with the right hand.”
Having won effusive praise for the common-sense measures he’s introduced, there’s no suspicion that Bhullar intends to hamper the end of publication bans. He just needs to ensure that the accompanying regulations provide Albertans with the peace of mind they deserve, so they can be certain of the transparency they’ve been promised.