Law360 Canada (May 6, 2024, 10:56 AM EDT) -- Appeal by appellants from decision of chambers judge granting application of respondents to compel production of records from appellant Office of Child and Youth Advocate (OCYA) and compel appellant Pelton, current Child and Youth Advocate, to attend for questioning. The respondents alleged the Director of Child Welfare (Alberta) held numerous children in custody without lawful authority between February 21, 2002, and November 1, 2004, by failing to prepare and file plans of care as required under what was then the Child Welfare Act. They also alleged Alberta improperly failed to safeguard the legal interests of those children. The respondents, who represented the children and their parents, claimed against Alberta for abuse of public office, negligence, breach of fiduciary duty, unlawful detention, and breach of s.7 and s.9 of the Canadian Charter of Rights and Freedoms. The appellants argued that the chambers judge erred by ordering document production and questioning of Pelton without the requirements of rules 5.13 or 5.17 of the Alberta Rules of Court (Rules) having been satisfied and failing to interpret s. 17(1) and 18.1(1) of the Child and Youth Advocate Act (CYAA) such that they applied to prevent compellability and disclosure....