FOR IMMEDIATE RELEASE 

Ottawa, ON (unceded Algonquin Anishinaabeg traditional territory) – The BC Civil Liberties Association (BCCLA) welcomes today’s decision of the Supreme Court of Canada in Québec (Commission des droits de la personne et des droits de la jeunesse) v Directrice de la protection de la jeunesse du CISSS A. The Court has affirmed that in order for our human rights to matter, meaningful remedies must be available when those rights are violated.    

This case involves a young person under the care of the Director of Youth Protection in Québec. The young person brought an application to the Youth Division of the Court of Québec alleging that their rights had been violated while placed in treatment and supervision facilities. These allegations included the use of isolation cells and physical restraints.  

Despite the systemic nature of the abuses, the Québec Court of Appeal held that any remedies granted by the lower court could apply only to the individual before them. The Supreme Court of Canada disagreed, finding that systemic problems require systemic solutions.  

The BCCLA intervened in this case to argue that the distinction between individual and systemic remedies is often illusory, and that any remedy should be available so long as it is not too “remote” from the cause of a human rights violation. The Court essentially adopted our approach, acknowledging that addressing individual rights violations sometimes requires broad remedies that benefit many others. The Court did place some limits on the available remedies, holding that any court order must still be tied in some way to the protection of the particular youth in question. 

Vibert Jack, BCCLA Litigation Director reacts: 

“Today, the Supreme Court of Canada recognized what should be commonsense: systemic problems require systemic solutions. When institutions regularly violate people’s rights, individuals, particularly vulnerable youth, shouldn’t have to fight the same battles over and over again. We’re relieved that the Court today agreed. While the BCCLA would have liked to see fewer limits on available remedies to access justice, we are optimistic that this decision will lead to a more fruitful landscape to create systemic change through public interest litigation.” 

The BCCLA was represented by Vincent Larochelle of Larochelle Law.