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Case information

Consult our database for details on a Supreme Court of Canada case.


42176

A v. Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse)

(Quebec) (Civil) (By Leave)

(Publication ban in case)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2026-05-04 Close file on Leave
2026-04-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2026-04-30 Judgment on leave sent to the parties
2026-04-30 Judgment of the Court on the application for leave to appeal, See decision on application., The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-08-000583-247, 2025 QCCA 1369, dated November 3, 2025, is dismissed.
Dismissed
2026-03-30 All materials on application for leave submitted to the Judges, for consideration by the Court
2026-03-05 Affidavit of service - e-filing, (Letter Form) A
2026-03-05 Certificate (on limitations to public access), (Letter Form), (Included in the affidavit of service - e-filing), Public Access to Information Form A
2026-02-23 Applicant's reply to respondent's argument, (Book Form), PUB_BAN
Missing
Public Access to Information Form (Rec'd 2026-03-05)
Proof of Service (Rec'd 2026-02-25), Completed on: 2026-03-05, (Printed version filed on 2026-02-25)
A
2026-02-10 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-02-11) Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse)
2026-02-10 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-02-11) Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse)
2026-02-10 Notice of name, (Letter Form), PUB_BAN, (Printed version filed on 2026-02-11) Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse)
2026-02-10 Respondent's response on the application for leave to appeal, (Book Form), PUB_BAN
Missing
Proof of Service (R.20(8)(d)) (Rec'd 2026-02-13), Completed on: 2026-02-13, (Printed version due on 2026-02-17)
Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse)
2026-01-16 Letter advising parties of an incomplete application for leave to appeal, FILE OPENED
2026-01-02 Certificate (on limitations to public access), (Letter Form), Public Access to Information Form (AMENDED Rec'd 2026-01-21) A
2026-01-02 Application for leave to appeal, (Book Form), PUB_BAN
Missing
Amended Public Access to Information Form (Rec'd 2026-01-21), Completed on: 2026-01-21
A

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
A Applicant Active

v.

Main parties - Respondents
Name Role Status
Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse) Respondent Active

Counsel

Party: A

This party is not represented by counsel.

Party: Santé Québec, agissant par l’entremise du CIUSSS A (Directrice de la protection de la jeunesse)

Counsel
Name
Gabriel Destrempe-Rochette
Contact information
CIUSSS A

Summary

Keywords

Family law — Adoption — Eligibility for adoption — Whether it can be found that there is parental abandonment, that there has been no taking charge “in fact” or that taking charge again is unlikely where state has itself controlled, limited or shaped parent-child relationship, and how Canadian law must define and protect parental rights in youth protection context like this one — Circumstances in which institutional evidence presented by youth protection actors can, on its own, satisfy legal threshold required to find danger to security or development and justify measure resulting in permanent severing of parental relationship, without state intervention becoming self-justifying or state being absolved from real responsibility — Extent to which legal framework applicable to youth protection and adoption must require actual and current consideration of evolution of expert evidence before child’s return is found impossible and permanent severing of parental relationship is approved — Civil Code of Québec, art. 561.

Summary

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)

In 2020, the Court of Québec, Youth Division, confirmed the reasons for a report indicating that a child’s security or development was in danger due to a serious risk of neglect, and it ordered that the child be placed with a foster family. Supervised meetings between the mother and the child were planned. In 2002, the Director of Youth Protection filed an application to have the child declared eligible for adoption.

The trial judge applied a three-step analysis to the facts of the case. He concluded that: (1) the mother had not in fact assumed the care, maintenance or education of the child; (2) the mother had presented no specific, realistic and concrete plan for having the child returned to her; and (3) it was in the child’s interest to be declared adoptable. He granted the application for adoption eligibility. The Court of Appeal was divided on the outcome of the case. The majority, Lavallée and Hardie JJ.A., found that the trial judge had not erred in analyzing the facts at each of the three steps. Hogue J.A., dissenting, was of the view that the trial judge had erred in his analysis of the first criterion by finding factors relevant when they were not and by imposing too heavy a burden on the mother. On this basis, the application should have been dismissed.

Lower court rulings

June 28, 2024
Court of Quebec

2024 QCCQ 6628 (French only)

Application for adoption eligibility allowed
Child X born on . . ., 2020 declared eligible for adoption

November 3, 2025
Court of Appeal of Quebec (Montréal)

2025 QCCA 1369 (French only)

Lavallée and Harvie JJ.A.: Appeal dismissed
Hogue J.A. (dissenting): Appeal allowed
Application for declaration of adoption eligibility dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2026-05-05