Alberta’s top court has lifted the suspension of a law that lowers the age at which young adults can receive financial and other benefits once they’ve transitioned out of government care.
The United Conservative government announced in late 2019 that it would lower the cutoff age for the Support and Financial Assistance program to 22 from 24.
A 22-year-old woman who had been in government care argued the withdrawal of support caused deep psychological harm that breached her constitutional rights to life, liberty, security and freedom from cruel and unusual punishment.
READ MORE: Alberta NDP wants to stop planned changes affecting young adults formerly in government care
Watch below: (From Dec. 30, 2020) Alberta’s Official Opposition is calling on the UCP government to halt planned changes that would sever supports for former foster children at age 22 instead of 24. The plans were announced in the fall of 2019, but now an alarming new statistic has emerged. Danica Ferris has more.
Last year, the Court of Queen’s Bench granted an injunction stopping the province from implementing the changes until the charter challenge could be heard, a decision which the government appealed.
The Court of Appeal sided with the provincial government, saying the lower court judge failed to put a number of important factors on the scale in balancing the potential harm to the young woman against the public interest.
However, the court urged the province to exercise care in dealing with such cases.
“Any transition of these vulnerable individuals to a new program should be done with careful consideration to its impact on them, and with an eye to minimizing harm,” the judgment says.
“The need for thoughtful transition is particularly acute during a time of social and physical isolation, as we are experiencing in this pandemic. I encourage Alberta to be responsive to this transitional need.”
NDP Children’s Services Critic Rakhi Pancholi issued a news release following the ruling.
“It’s very upsetting to hear that young vulnerable Albertans are being left exposed to Jason Kenney’s heartless, cruel and petty cuts with today’s court decision,” she said. “Today’s decision means that Jason Kenney will be able to move forward with his plans to cut support to former foster children who relied on the Support and Financial Assistance Agreements program.
“This would leave hundreds of young Albertans without access to support for things like housing, child care, counselling and career preparation.
“These young Albertans have nowhere else to turn. They are trying to get their lives on track and the UCP are setting them up to fail.”
Global News reached out to the officer of Children’s Services Minister Rebecca Schulz for a response to the court ruling and the NDP’s reaction.
“Given the court’s decision, Children’s Services will work with each young adult older than age 22 over an extended period of time to successfully transition them to independence or other government programs as appropriate,” Rebecca Polak, the minister’s press secretary, said in an email Wednesday night.
“We will continue to serve former youth in care through the SFAA program four years after they reach the age of majority (18) and much longer through programs such as Advancing Futures to ensure they have the skills needed to successfully transition into adulthood.”
–With files from Global News’ Phil Heidenreich
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