Two children, two and seven years old, waited 300 days.
Without any contact with their parents.
Little Inuit lived in an environment marked by alcoholism and violence. They were placed in the spring of 2023 provisionally in non -Aboriginal host families. The judge had ordered, during the emergency hearing, that parents could maintain contact and get help and services.
The file was to return to the court before 60 days, it arrived 10 months later, in July 2024. All this time, the children were completely cut off from their community and their parents, who received no support from the DPJ, but who nevertheless worked seriously to regain their own. This period was 30 days until 2017, it was doubled because it was too often exceeded.
Made in July 2024, the judgment of the Honorable Nathalie Samson is particularly scathing.
Not only does the judge criticize the DPJ for having injured the rights of the two children, but it also has it responsibility for the Ministry of Justice and the Quebec State.
The court “concludes that the Quebec state has injured the rights of children, since the justice system was unable to offer them a hearing before the court before a period of 10 months”.
The deadlines are particularly problematic for the seven -year -old who was transferred in April 2024 to a rehabilitation center, a coercive environment where freedoms are limited. The kid should never have stayed there for more than 60 days without a court being able to look at his case.
Beyond this limit, “the Quebec Court of Appeal [a confirmé]in 2000, that there was illegal detention of a child when entrusted to a rehabilitation center for a period which exceeds 60 days ”.
It has passed more than three months.
The Samson judge raises relevant questions: “Does the state have a white check, in terms of youth protection, and can without any time reporting hearings in 60 days in a systemic way by leaving no other choice for children?” Again, ask the question is to answer it. The vulnerable child who has not committed a crime, and who is not a danger to society or a victim must submit to the coercive measures ordered by a court without time limit. ”
With the disastrous consequences it can have.
The delay is not the only problem in this file. When he arrives before the court after 300 days, the DPJ shows a casualness that irritates the judge.
“The court is far from being convinced of having a representative portrait of the real situation of this family. First, there have been several changes of speakers on the file. Then, the speaker got the wrong file during his testimony. Finally, he was put into proof, when the speaker was counter-examined by the parties, which she ignored a large part of the important facts of this file. ”
Samson judge also deplores that “the majority of information appearing in [les] reports thus constitute hearsay ”.
That’s not all. The judge wanted to know if the DPJ tried to find host families in the community, as required by the 2023 judgment. The DPJ assures that yes, without being able to say what was done.
“The court remains perplexed. How the director [de la protection de la jeunesse] Can he say that information appears in the children’s file and, at the same time, be unable to appoint the host family research stages or indicate the reasons (s) that have led to the placement of children outside their community? ”
Even the speaker knows nothing about it. “If the worker in the file does not know the steps taken to prevent the child from being moved, how can she prevent the latter from being sent miles from his community to an allochtone family? Who will be able to ensure that children’s rights are respected, if those responsible for determining the interest of the indigenous child do not have access to this information? ”
This question is very sensitive. “Move the child far from his siblings and his parents, in a non -culturally adapted environment and in which people do not speak his language, is contrary to the interest of the indigenous child and the spirit of the provincial and federal law” insists the Samson judge.
The objective, she insists, must be a return to the family. “The court is convinced that parents love their children and that they want them to come home. As the Honorable Judge Warolin mentioned it [dans la décision d’avril 2023]parents are very loving and attentive to their children when they are sober. ”
They will have to work hard on this.
With the partial information she had in hand, judge Nathalie Samson extended the placement of children “for a maximum period of six months, with reintegration with their parents as soon as the situation allows”.
Until then, she orders that children are placed as quickly as possible in a foster family in their community and that contacts are organized between children and parents, with the help an external educator.
History does not say if this judgment has been respected …
Here, as told in judgment, the thousand and one reasons which led to multiply the deadlines. It goes from the lawyer of lawyers, from Lady Nature to a rescue.
For the period of more than 300 days
“The first provisional measure was heard on September 1, 2023. The merit hearing is set for February 2, 2024, the first date available.” We are already returned to five months. In the meantime, the Director of Youth Protection must apply for extension every 60 days.
Arrives on February 2. “The file is postponed for congestion of the role and the hearing of the request is postponed to July 3, 2024. A maximum investment order is issued again.”
For the transfer of the seven -year -old child to a rehabilitation center, after he has developed behavioral disorders.
“The child’s file returned to the role on March 1, 2024 for modification of provisional measures. […] This request was postponed to March 6, 2024 for the inability to proceed due to a blizzard in the community. On March 8, 2024, the file was postponed to allow the mother to be present. On March 20, 2024, the file was postponed for congestion of the role.
The file is postponed to March 28, 2023 to allow parents to travel and be present at the Court. On this date, the file is postponed, at the request of the father, who is on a rescue team in an emergency. He is postponed twice, because his new lawyer is not available. The provisional tailor -made request is welcomed on April 9, 2024. ”
Phew.
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