Remuneration | DPJ lawyers denounce “double standards”

When they arrive in court to plead a case involving an abused, neglected, beaten or abandoned child, they are always surrounded by colleagues and sisters who are better paid than they are. Poor relations of the justice system, the lawyers of the Directorate of Youth Protection (DPJ) are urgently demanding parity with their counterparts with regard to legal aid and the Crown. The Press was able to exceptionally support them in the field.

The juvenile court room is buzzing with activity. The files follow one another at a frantic pace. M^e Esther Sterling, one of the lawyers representing the DPJ, picks up her papers and stands up to present a particularly urgent case: a baby drug addict born a week ago, whose case was taken care of by child protection workers. the youth.

The mother used drugs during her pregnancy and was under the influence of speed during childbirth. When she was released from the hospital, the baby remained hospitalized to receive treatment related to her exposure to narcotics. For a week, the mother has not come back to see him. She was advised that a hearing would be held before a judge to deal with custody of the baby, but she is absent.

“She said she can’t come because she’s moving today,” explains the DPJ worker called as a witness. The mother, however, confirmed that she agrees that her baby should be placed in foster care. This is her sixth child that has been taken away from her.

M^e Ève Sasseville, another lawyer representing the DPJ, stands up in turn. She presents the case of a 3-year-old girl whom the police found alone twice, wandering the streets. The DYP fears that she will be approached by a person with bad intentions or that she will be hit by a car if her family does not get their act together.

Pace

The pace does not slow down all day. DPJ lawyers question witnesses, file reports as evidence, and negotiate agreements.

With the agreement of the court, The Press was able to observe for a day the procedures in the room of the Youth Chamber which deals with emergencies concerning the safety and development of minors. The media very rarely have access to this floor of the court where several measures are in place to protect the identity of children.

Before the judge, DPJ lawyers (the vast majority are women) face legal aid lawyers who represent the minor or his parents. They obtained salary increases this year which brought them to parity with Crown prosecutors reporting to the Director of Criminal and Penal Prosecutions (DPCP). DPCP prosecutors also work on another floor in the Youth Chamber, in cases where adolescents face charges.

The only one of these groups to remain behind the others is that of the DPJ lawyers. They do not report to the Ministry of Justice like the others, but to the Ministry of Health and Social Services, through the CISSS and CIUSSS. And they earn several dollars less per hour. Lawyers who handle serious mental health cases subject to court orders are in the same situation.

An issue rarely discussed publicly

“Although they have the burden of proof, that they work in the same courts of justice, with the same clientele, often in the same cases, around the same table, the lawyers of the CISSS and CIUSSS receive a salary several thousand dollars less than their counterparts,” recently deplored a group of jurists in an open letter denouncing the “double standards for lawyers protecting the most vulnerable in society.”

The Treasury Board, joined by The Press on this subject, preferred not to comment on the current negotiations. As part of the renewal of public sector collective agreements, the issue is rarely discussed publicly.

The lawyer says she chose youth protection because the mission seemed essential to her, despite the difficulties. “It’s in line with my values ​​and it’s close to my heart, child protection. Even if we get picked up by certain parents, even if some make complaints against us at the Bar, even if we are talked about on social networks and the emotional charge is very high,” she says.

However, she saw several colleagues leave their jobs because they found better paying positions elsewhere. “Many left for the DPCP or for the private sector, for financial reasons,” she says.

“Not on equal terms”

“We are faced with an injustice. We don’t pretend to work more than others, but we work a lot and we see our legal aid colleagues who earn more,” adds Ève Sasseville.

On days when she has to deal with courtroom emergencies, M^e Sasseville arrives at work between 7 and 7:30 a.m. to study all his files before the judge arrives.

“What is sad is that we do not compete on equal terms with other establishments, with the DPCP, with legal aid. When we make posters, there are no experienced lawyers who are attracted,” deplores M.^e Isabelle Loranger, coordinator of the team of youth protection lawyers at the CIUSSS de l’Ouest-de-l’Île-de-Montréal.

The coordinator is nevertheless delighted to be able to count on a dedicated team who remains faithful to the position. “The people we are able to retain are the adrenaline junkies. I find that we do fascinating work. We never get bored here. »

Lawyers from the DPJ about their work

M^e Isabelle Loranger

“It was quite an ordeal, rebuilding the team after the last few departures. We had no candidates! There was someone who only stayed for a day… It’s not a job for everyone. If there was an AMBER alert or a femicide the day before, you must act quickly in the morning. They are sometimes found in tears. Emotionally, it can be very demanding. »

M^e Sarah Milot

“I wouldn’t trade my place for anything. If I had the choice, I would spend all my time at the courthouse. But we lost people to the DPCP and private practice. We have three positions to fill in Longueuil at the moment and it’s difficult. »

M^e Laura Brochu

“I used to do divorces in private practice. It was okay, but we didn’t always feel as useful. In my work now, there is a sense of accomplishment. But we have people who have left for better conditions elsewhere. »