A judge sentenced the DPJ to pay $25,000 in compensation to a young woman whose fundamental rights she had violated, an apparent judicial first that social services strongly contest.
According to her lawyer, the young Inuit was “forgotten” without follow-up for 10 years in an unaccredited foster family, where violence and alcohol abuse reigned. She would have lived there all her early childhood, without social support.
Judge Peggy Warolin’s ruling forcing him to be compensated dates back to the end of 2022. It has still not been made public, which prevents The Press to have access to the account of the facts carried out by the courts.
“They escaped it solid”, for his part explained Me Cassandra Neptune, the young woman’s lawyer now of age, by agreeing to lift the veil on this situation.
My client grew up in an environment of violence and drinking, which obviously had an impact on her.
Me Cassandra Neptune, lawyer for the young woman
The situation took place in the Far North of Quebec, in a village on the coast of Hudson’s Bay.
Still according to his lawyer, the child reappeared on the radar screen of the DPJ when serious behavioral problems forced his placement in a rehabilitation center ten years later.
“We will innovate”
Outraged by this case, Ms.e Neptune decided to try an unusual approach to try to make the DPJ realize the weight of its mistakes: seek financial compensation directly in the youth chamber, rather than launching a long and costly lawsuit for damages.
“I said to myself: ‘we are going to innovate, we are going to stop always covering up the DPJ a little.’ At some point, it has to stop, she said in a telephone interview. The DPJ always gets away with it, either with letters of apology or [en offrant] psychosocial follow-up. […] There, I demanded $25,000 compensation to stop her getting off so easily. I know this is a first. »
Me Neptune was particularly shocked because the case of another child, forgotten him for six years in similar circumstances, had just arrived on his desk.
We are still playing with the life of a child!
Me Cassandra Neptune, lawyer for the young woman
Quebec judges frequently declare in their youth protection judgments that the rights of the children they have before them have been “injured” by social services – this is a tool specifically provided for in the law. Many of these cases relate to delays in the processing of files.
Once this declaration of “injury of rights” has been made, the judge can impose corrective measures: rapid consultation with a psychologist, more support for the family, change of foster family, etc. This is often the only redress children get: social services enjoy very strong protection against suits for damages.
“No evidence of bad faith”
The existence of Justice Warolin’s decision was revealed by the appeal process initiated by lawyers representing Hudson’s Bay Human Services.
One of them, M.e Émilie Perron, confirmed to The Press that such a judgment in compensation would be a first in the annals of Quebec courts.
“In this case, there was no possibility of corrective action as such,” said Mr.e Peron.
The lawyer did not want to speak on the merits of the case, preferring to leave Me Neptune the care of summarizing the content. “There was no evidence of bad faith,” she said, however. She declined to comment further.
“We cannot comment considering that the appeal process is ongoing,” said the Nunavik Regional Board of Health and Social Services in a long, unsigned email.
The organization points to long-standing social problems in this region of Quebec, particularly related to a glaring and lasting shortage of housing.
“The Director of Youth Protection is personally very sensitive to this type of situation and works together with her teams and the various partners to improve the services offered to children and their families,” the letter continues. The youth protection safety net has developed over the years, it is more organized. However, service pressure continues to increase. Indeed, it is important to recognize the complexity of the social problems of Nunavik which persist and which stem from numerous collective, family and individual traumas. »