Even though he had considered it last year, the Minister responsible for Social Services, Lionel Carmant, showed himself inflexible on Thursday regarding the idea of entrusting the powers of the Commission on Human Rights and Human Rights of Youth (CDPDJ) to the future commissioner for the well-being and rights of children.
In a press scrum at the Parliament Building, the CAQ elected official indicated that he had not changed his mind regarding the sharing of powers in matters of youth protection. Currently, the CDPDJ has the authority to investigate cases of potential breach of the DPJ. The law also gives him the right to intervene in court.
However, last week, several groups encouraged the minister to take advantage of the study of Bill 37 on the commissioner for the well-being and rights of children to transfer to this new institution all of the powers of the CDPDJ in youth protection. “For several years, the [CDPDJ]despite its powers, does not fully play its role as watchdog for the most vulnerable children in our society,” launched the journalist, author and godmother of the DPJ Youth Foundation, Nancy Audet, in a parliamentary committee.
The transfer of powers from the CDPDJ to the commissioner was one of the many recommendations of the Laurent report on children’s rights and youth protection. However, Minister Carmant refused to comply when tabling Bill 37 last year.
Mr. Carmant agrees to have “heard the problem with the CDPDJ”, but still does not intend to follow the recommendation of the Laurent Commission.
The elected representative of François Legault’s government notes a loss of confidence in the Commission, which does not mean, according to him, that we need to shake up the ways of doing things. According to him, the future commissioner risks already having a lot on his plate when he is appointed, after the adoption of Bill 37.
“It is important that the commissioner is the commissioner of all children. The solution for youth protection is more prevention, less intervention. Then we need this commissioner to do that,” he said.
Proposed last year
In a memorandum to the Council of Ministers submitted in October 2023, Minister Carmant mentioned an “alternative”, where the commissioner would indeed have inherited the powers of the CDPDJ. “This is the model recommended by the Laurent Commission,” he wrote, while warning his colleagues of several potential “disadvantages”.
“The structure of this model would be weighed down due to the addition of powers which notably involve carrying out investigations into potential cases of infringement of rights and referring the matter to the courts,” he said.
At the other end of the phone, Thursday, the Liberal spokesperson for youth protection, Brigitte Garceau, deplored the lack of collaboration from Minister Carmant. “To me, it’s really not justified,” she said. “We cannot continue with the status quo. The situation has not improved for five years. »
In a written statement, the Parti Québécois did not say it was convinced that the transfer of powers in youth protection was the solution. “We are confident that the upcoming parliamentary work will allow us to find the best route,” said MP Joël Arseneau. Québec solidaire indicated “that corrective measures will have to be analyzed to restore the community’s confidence in the CDPDJ.”
No independent commissioner
In addition to being criticized for the role of the CDPDJ last week, Bill 37 came under several attacks regarding the role of the commissioner vis-à-vis Indigenous communities.
In parliamentary committee, the Assembly of First Nations Quebec-Labrador strongly contested the decision to appoint an “associated” indigenous commissioner rather than creating a fully “autonomous” position. “It’s extremely trying,” said its boss, Ghislain Picard.
On Thursday, the liberal opposition demanded that the Legault government comply with criticism from the community. In a motion presented at the Salon bleu, she called for the creation of “welfare and children commissioners by and for Inuit and First Nations.” The Coalition Avenir Québec did not want to debate it. “I am stunned,” said MP Brigitte Garceau after the event.
Asked to know what explained this decision, Minister Carmant’s office did not respond to us on Thursday.
The detailed study of Bill 37 should begin next week. The Liberal Party already plans to table several amendments to transfer the powers of the CDPDJ and create independent indigenous commissioners.
With Jessica Nadeau