"As many as 2,300 people in Nova Scotia and New Brunswick had their
hair tested for drugs and alcohol at a discredited Toronto lab, a CBC
News investigation has found. Hundreds of those people produced at least one positive test result
between 1997 and 2015, findings the lab now admits may have been
"inaccurate."
Many of the test results from the Motherisk
lab at The Hospital for Sick Children were used as evidence in child
protection cases, leaving critics across the country worried some
children may have been taken from their families unnecessarily. Norman Bossé, New Brunswick's child and youth advocate, said the damage in such a case could be difficult to repair.
"Government would have to look at the parents and say, 'OK, we messed up here. We don't know how to fix it,'" Bossé said. Did you have your hair tested for drugs or alcohol between 1997 and 2015? "Perhaps there's a solution. Perhaps you go back to the
adoptive parents and they come to an agreement. I don't know. That is
the danger of using this type of evidence that's not reliable. Despite that, CBC News has learned the two Maritime provinces
are doing little to review those cases to see if children were unfairly
removed from their families. And Nova Scotia continues to use hair-based drug testing from
other labs, despite Ontario and now New Brunswick questioning the
science and discontinuing its testing.........Officials with Nova Scotia and New Brunswick can't say how
hundreds of unreliable test results may have been used in their
provinces because they are not doing a similar review. Both provinces say they will only take a second look at closed
cases if they receive a request from a person who was tested or their
lawyer. No one from either provincial government was available for an
interview about Motherisk. Nova Scotia has received one request to look at an individual
case. Heather Fairbairn, a spokeswoman with the Department of Community
Services, said it didn't result in a change to the original decision.
In New Brunswick, all open child welfare
cases are subject to an automatic review, said Dave MacLean, a spokesman
with the Department of Social Development. He couldn't say how many open cases might have used Motherisk testing. A negative or positive drug test has never been the sole
deciding factor to take a child from a parent, officials from both
provinces say. "A number of other factors inform such decisions," MacLean said. New Brunswick's child and youth advocate wants the New Brunswick government to go back and check its records. Bossé wants to be assured that children weren't taken away from their parents solely because of unreliable tests. Without that assurance, he's left thinking about the worst-case
scenario: a child, ripped from his or her parents, all because of a
false positive drug test......... But agencies in Nova Scotia continue to order tests from an
Ontario-based lab called Dynacare, a spokeswoman at the company
confirmed. The lab says its testing is "robust," providing "high-quality
analytical toxicology service for analysis of drugs-of-abuse in hair. Dynacare was also doing testing for New Brunswick until March 1, when the province reversed its position on hair testing.Halifax-based lawyer Kymberly Franklin has
called for a review of child protection cases where hair samples were
tested in the Motherisk lab. (CBC)
MacLean said the decision was prompted by "concerns about the overall reliability of this type of testing." It's a decision New Brunswick's child and youth advocate supports. "It was going to come to this point anyway," Bossé said.
"Judges are going to start rejecting that type of evidence as not being
reliable." He isn't the only one who has called for a review of Motherisk cases. Last year, Halifax-based lawyer Kymberly Franklin called for
the Nova Scotia government to review dozens of open child protection
cases that used hair testing from Motherisk. "It's a very serious issue to take a child away from its family, and it's permanent," Franklin told CBC in 2015."
http://www.cbc.ca/news/canada/new-brunswick/new-brunswick-nova-scotia-hair-testing-1.3475869?cmp=rss