NDP wants independent probe after 'reports of predation' on youths in N.L. government care

NDP Leader Jim Dinn is calling for an independent investigation into whether vulnerable youth under care in Newfoundland and Labrador are being given enough protection from predators.

"The public statements by informed parties, including a former Crown prosecutor, beg the question: Is enough being done to protect children who have already been through so much?" Dinn wrote in a letter to Premier Andrew Furey this week.

Last month, CBC Investigates revealed new details untested in court of a case of sexual exploitation, with complaints dating back decades. Some alleged victims were living in group homes, as wards of the Newfoundland and Labrador government.

Days later, Furey directed the province's child and youth advocate to look into the situation.

Dinn said in an interviewthat the appointment of the advocate doesn't go far enough.

"We're asking him to go one step further and to make this inquiry independent," Dinn said Thursday.

"It's a serious issue. It deals with vulnerable youth."

Advocate had previously held senior role in department

The premier's choice of the child and youth advocate to do the review sparked controversy, given the advocate's previous job.

Linda Clemens Spurrell was the assistant deputy minister for the child and youth services branch of the Department of Children, Seniors and Social Development (CSSD) from 2019 to 2022.

"To me, she would essentially be investigating herself as part of this," Dinn said.

The NDP leader's comments echoed those of retired Crown prosecutor Mike Murray.

In a recent interview, Murray questioned the premier's decision to pick the advocate to lead the review, noting that she "comes right out of the system."

• Former prosecutor says child advocate would be 'investigating herself' in Humby-Escott probe

In an interview earlier this month, Furey defended the decision, saying the advocate herself could determine whether she is in a conflict, and there are options to address that.

"Life is full of conflicts. It's not about the conflict itself, it's about how you handle it," Furey said on Oct. 1.

The premier stressed that he has asked the advocate's office not the advocate herself to do the investigation.

"The conflicts can be resolved if they exist, and if they exist, then we need somebody else and that's fine," Furey said at the time.

WATCH | N.L. Premier Andrew Furey answers questions on Oct. 1 about a pending review by the child and youth advocate into abuse allegations:

Furey dismisses concerns about potential conflicts within investigation of child abuse allegations

1 month ago

Duration 3:00

Following a series of CBC Investigates stories, Newfoundland and Labrador Premier Andrew Furey directed the child and youth advocate Linda Clemens Spurrell to investigate the handling of sexual abuse allegations against Tony Humby and Bruce Escott. The CBCs Rob Antle pressed Furey on whether Spurrell should handle the investigation.

Dinn said he believes it won't work to have others in the advocate's office do the investigation.

"Essentially then they could be investigating or calling their boss to testify or to provide insight into it," Dinn said.

"So, to me, to remove any taint of impropriety or conflict of interest here, it's important that an outside investigator, an outside person, to lead this investigation be appointed. It's as simple as that."

When asked last month about Murray's concerns, the advocate's office said in a written statement that it "has been in existence for more than 20 years and is well positioned to carry out this mandate."

The statement added: "We have already commenced our due diligence to move this matter forward."

The advocate's office did not respond to a follow-up message sent late Thursday afternoon about Dinn's letter to the premier.

Dinn says scope of review should be broadened

The cabinet order directs the advocate to "review, investigate and report on the policies and procedures in place to ensure the safety and well-being of children and youth in receipt of protective intervention services where a report is received alleging that a child or youth has been sexually abused or exploited."

The premier has confirmed to CBC News that the scope is limited to CSSD.

Dinn's letter to Furey says that should be broadened.

"Government has failed in its duty when a child in the province's care is harmed. You must at this point commit to an independent investigation," the NDP leader wrote.

"This inquiry can make recommendations for changes to legislation, policy, standards, and practices. These could encompass delivery of community, health, financial services and justice, including the operation of government departments."

PC Opposition Leader Tony Wakeham has previously said the advocate's investigation isn't expansive enough.

• Police conduct should be part of Humby-Escott investigation, Opposition leader says

Dinn told CBC News hopes the premier reconsiders the decision before the legislature opens next month.

He said he was "shocked" at the revelations reported by CBC Investigates in the case of Tony Humby and Bruce Escott.

Investigation details revealed in unsealed filings

Humby and Escott were longtime neighbours in a St. John's trailer park. They were both arrested by police on April 6, 2023.

Humby now faces 72 charges involving 11 alleged victims, including sexual assault, forcible confinement and uttering threats. He has pleaded not guilty, and is scheduled for trial next March.

Escott is facing 14 charges. He has accepted a plea deal, and is due back in court next month.

• CBC INVESTIGATES | A darkness on the edge of town

Untested search warrant documents unsealed after a court challenge by CBC Investigates shed new light on the case against the two men.

That affidavit reveals an account of what police and child protection officials did and didn't do over the years, as allegations mounted about vulnerable youths being abused in a neighbourhood on the edge of St. John's.

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