Home / Commission des droits de la personne et des droits de la jeunesse v Directrice de la protection de la jeunesse du CISSS de la Montérégie-Est, et al.

Commission des droits de la personne et des droits de la jeunesse v Directrice de la protection de la jeunesse du CISSS de la Montérégie-Est, et al.

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.

The Youth Division found that the young person’s rights had been violated, and that these violations were the result of systemic problems. The Youth Division ordered certain system wide remedies to prevent these abuses from continuing.

On appeal, the orders were altered to only apply to the specific young person in question. The Court of Appeal held that only individual remedies were available under the governing legislation.

The BCCLA has intervened in this case to argue that the distinction between individual and systemic remedies is unhelpful, and that any remedy should be available as long as it is not too “remote” from the cause of a human rights violation.

The BCCLA is represented by Vincent Larochelle of Larochelle Law.

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