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

(Quebec) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party) (Certain information not available to the public)


Status of persons — Youth protection — Applications raising encroachment of rights — Court-ordered corrective measures going beyond situation of young person covered by applications — Jurisdiction of Court of Québec to order remedial measures that are systemic in nature — Scope of powers conferred by s. 91 in fine of Youth Protection Act where Court of Québec judge makes order imposing corrective measures after declaring that rights have been encroached upon as result of systemic or institutional shortcomings — Extent to which financial considerations may defeat functional considerations that weigh in favour of useful and effective systemic remedy following declaration of encroachment of rights by court specialized in matter — Whether Court of Québec had jurisdiction to order corrective measures relating to CISSSME even though institution was not named as party in case — Youth Protection Act, CQLR, c. P-34.1, s. 91.


Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.


In December 2018, applications raising an encroachment of rights under s. 91 in fine of the Youth Protection Act, CQLR, c. P-34.1, were filed in the Court of Québec, Youth Division, by the interveners X, A and B — a young person under the protection of the respondent Director of Youth Protection (“DYP”) and her parents. The applications concerned the young person’s treatment during stays in treatment and supervision units, where she had been subject to multiple isolation and restraint measures. The Court of Québec declared that the young person’s rights had been encroached upon and ordered corrective measures, some of which were systemic in nature. The DYP appealed those measures to the Superior Court, successfully arguing that the Court of Québec’s orders were overbroad. The appellant, the Commission des droits de la personne et des droits de la jeunesse, then appealed that judgment to the Court of Appeal. The Court of Appeal essentially accepted the Superior Court’s conclusions: the initial orders went beyond the young person’s situation and therefore exceeded the Court of Québec’s powers.

Lower Court Rulings

July 2, 2019
Court of Quebec

2019 QCCQ 3916 (French only)
Application for declaration of encroachment of rights allowed; corrective measures ordered
February 1, 2021
Superior Court of Quebec

2021 QCCS 2251 (French only)
Appeal allowed in part; corrective measures imposed at paras. 340, 341, 345 and 346 varied to provide young person with concrete remedy
December 6, 2022
Court of Appeal of Quebec (Montréal)

2022 QCCA 1653.
Appeals allowed in part for sole purpose of ensuring that order was made against DYP rather than Centre intégré de santé et de services sociaux A