Case information

Status of persons — Child protection — Application for protection by Director of Youth Protection — Domestic violence — Whether rights of children were encroached by DYP — Whether parents and children had fair trial and whether s. 15(1) of Canadian Charter of Rights and Freedoms was respected — Whether DYP breached art. 16 of Convention on the Rights of the Child — Whether DYP breached art. 12 of Universal Declaration of Human Rights — Whether DYP respected rules of Vienna Convention on Diplomatic Relations in wrongly accusing Senegalese Embassy in Ottawa of failing to respect confidentiality — Whether children should have been taken out of school and daycare when matter was before Quebec Court of Appeal — Whether newly-born child should have been confined to hospital and then placed in foster family.<br><br>

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.

(PUBLICATION BAN IN CASE) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)

The Director of Youth Protection applied an immediate protective measure on October 24, 2022, entrusting the children to their mother and providing for supervised visits between the father (applicant, A) and the children. The matter was subsequently before the Court of Québec.

Picard J. of the Superior Court dismissed the appeal from the two decisions rendered on June 9, 2023, by Judge Gravel of the Court of Québec, Youth Division. She found that the applicant had failed to establish that the judge’s conduct constituted a breach of his duty of impartiality and that Judge Gravel had not failed to consider evidence or misapprehended the evidence, noting that the deficiencies raised concerned the judge’s assessment of the evidence. All of the carefully and amply described elements justified a finding that there existed a ground of danger, that is, exposure to domestic violence. Marcotte J.A. of the Court of Appeal dismissed the application for leave to appeal.