F.A.Q.

A DYP lawyer focuses their practice on youth protection litigation. Some lawyers have a varied practice that touches on all areas of law. The specialized lawyer has one main area of practice. They concentrate full-time on cases against the DYP. They devote all their knowledge and energy to these cases. Their career is focused on representing parents against the DYP at the Court of Quebec, Youth Division.

The parents' lawyer assesses the facts of the case, analyzes them and determines the most favorable short-term and long-term solutions. The lawyer develops a personalized plan for the family situation in front of him or her. In the event of a dispute, he or she represents one or both parents in court. The lawyer is also involved in negotiating agreements with the DYP, so as to protect the parent's rights and interests. The parent's lawyer has a duty of loyalty to their client, and therefore to the parent. Their role is not only to advise their clients, but also to protect them. The parent's lawyer assesses the risks involved in the case and provides the parents with the appropriate explanations. He or she is also there to ensure that the parents' rights against the DYP are respected. The DYP does not have all the rights.

There is no one-size-fits-all answer to the question of what is the best defense against the DYP. Every family is unique, and the solution we seek must be tailored and personalized on a case-by-case basis. A good lawyer adopts a tailor-made approach, with a precise, well-thought-out plan, after a thorough analysis of the DYP file.

Winning against the DYP requires solid evidence. The parents' lawyer produces exhibits and conducts testimonies that are both convincing and reassuring for the court. The lawyer is the master of his or her evidence. He or she can subpoena experts. He or she determines what evidence is relevant against the DYP.

The DYP can close the file on its own when it is reassured by the parent that the situation is no longer compromising the child. The judge can also close the DYP file by dismissing the DYP's legal application at the end of a trial.

Many parents report that they read the Youth Protection Act carefully. However, the law is written in general terms. The means of defense are not written in the law. It's important to consult a lawyer who specializes in defending parents against the DYP. A lawyer who does not specialize in youth protection will not be able to propose optimal or winning solutions.

Many people contact the Commission des droits de la personne et de la jeunesse and the Protecteur du citoyen. Some approach provincial elected representatives, as the Youth Protection Act is a provincial law.

Parents' rights are defined in the Youth Protection Act. Among their rights, parents have the right to be consulted, informed and respected. Parents do not have the right to refuse to cooperate with the DYP. Parents do not have the right to remain silent. On the other hand, parents are not obliged to incriminate themselves, in respect of the right to silence in criminal matters.

The DYP intervenes in situations of endangerment as defined in article 38 of the Youth Protection Act. All compromising situations can lead to the removal of a child from a family environment, whether it's abandonment, neglect, psychological mistreatment, sexual abuse, physical abuse or serious behavioral problems.

The best way to contest a decision by the DYP is to hire a lawyer specialized in youth protection. The lawyer can then fight the case in court. The Court of Quebec, Youth Division, has the role of ruling on disputes between the DYP and parents or children.

The DYP has significant powers under the Youth Protection Act. Among other things, it can evaluate a reported situation, retain a complaint, propose voluntary measures, take a case to court, and much more. It can intervene immediately without going to court (immediate protective measures). It can submit an application for provisional measures (urgent application to the court). It can visit the home, the school, the daycare and more. It can interrogate parents, children, school, daycare and others.

Case law influences the judge who renders judgment in your youth protection case against the DYP. During the closing arguments, the youth protection lawyer representing the parents against the DYP can convince the court to rule against the DYP 's recommendations. In short, youth protection case law helps the courts to make an informed decision in accordance with the applicable law.

The identity of the person reporting is protected by the Youth Protection Act. The person making the report is therefore confidential. However, many people who make reports to the DYP in youth protection cases come forward of their own accord. Otherwise, by logical deduction based on the facts of the case, it is possible to make a probable hypothesis as to who made the report to the DYP. In most cases, youth protection reporting is done by: family members, one of the parents, ex-spouses, neighbors, school, daycare, hospital and clinic staff (doctors, nurses, etc.), social workers and the police.

A lawyer against the DYP becomes indispensable when the stakes for children are serious, such as: placement of the child in foster care, placement in a rehabilitation center, placement until age 18, introduction of supervised visits by the DYP, suspension of contact between parent and child, and other situations of equivalent seriousness.

It is possible to file a civil suit against the DYP. However, the chances of success are low because of the immunity provided for in the Youth Protection Act. The DYP benefits from immunity for acts performed in good faith. Mistakes are not always punished, even when they are recognized.

When you qualify for legal aid, costs range from zero dollars to a few hundred dollars if you qualify under a contributory component requirement. If you are not eligible for legal aid, you can hire a youth protection lawyer in private practice. Some lawyers charge a flat fee, while others bill on an hourly basis. Hourly rates generally range from $100/hr to $900/hr. The rate depends on the complexity of the dispute against the DYP and the level of specialization and experience of the youth protection lawyer.

A report must be made to the DYP when the security and/or development of a child or adolescent is compromised within the meaning of the Youth Protection Act, for example in cases of abandonment, neglect, psychological ill-treatment, sexual abuse, physical abuse, and serious behavioural problems when the parents are unable to put an end to the compromised situation.

The DYP summons parents to court within 48 hours in an emergency quite frequently in youth protection cases. Therefore, when you feel that the DYP is about to file an application with the court, you should seek a lawyer without delay. You don't want to wait for the DYP to summon you, because lawyers' schedules are full. You want to meet your lawyer as soon as possible and secure a place among his or her availabilities. Delay can be very damaging. It's difficult for parents to represent themselves in court against the DYP in matters of youth protection. A lawyer can advise you and help you avoid making irreparable mistakes.

It's important to remember the Quebec Charter of Human Rights and Freedoms. In addition to the rights of parents under the Youth Protection Act, parents also have rights under the Quebec Charter. For example, under section 4 of the Quebec Charter, parents have the right to the safeguard of their dignity and reputation.

In youth protection cases against the DYP, parents have the right to represent themselves alone. Legal representation is not mandatory. Legal representation is a choice. Parents can read the following laws and legislations: the Youth Protection Act, the Civil Code of Québec, the Code of Civil Procedure of Québec, the Criminal Code and the Charter of Human Rights and Freedoms. However, reading the law is not the same as understanding the law. Reading the law is different from applying the law correctly. It's important to remember that lawyers have a university degree in law, as well as a professional training at the Bar School. Yet understanding youth protection law requires solid experience at the Court of Quebec, Youth Division. The practice of law goes beyond legal theory.

To request a review of a youth protection judgment against the DYP, parents must bring to the attention of the Court of Quebec, Youth Division, significant new facts since the last judgment rendered by the Court. The new facts, which are major and therefore significant, give grounds for an application for review. Consult a youth protection lawyer who specializes in defending parents against the DYP to find out your chances of success in an application for review.

First and foremost, the right to appeal is not the right to a second chance to redo one's trial when one is not satisfied with the result. The right to appeal exists for errors of law and errors of law mixed with facts. The Court of Quebec must have made a mistake of law to open the parent's right of appeal against the DYP to the Superior Court. The Superior Court is the competent court to hear appeals from decisions of the Court of Quebec, Youth Division. Consult a youth protection lawyer who specializes in defending parents against the DYP to find out your chances of success in an appeal.

Yes, in the case of immediate protection measures under the Youth Protection Act. However, the DYP will have to go before the judge after the immediate protection measure. You will be heard by the court shortly thereafter.

When the DYP deems it necessary to obtain a judgment quickly, for example, when it can't wait for the trial on the application for protection that will take place later, the DYP will ask the Court of Quebec, Youth Division, to issue provisional measures, which are temporary measures pending the trial.

No. If your lawyer comes to your meetings with the DYP, he or she may be subpoenaed as a DYP witness at your trial. If your lawyer is a DYP witness, he or she cannot represent you in court. He or she becomes the plaintiff's witness. A lawyer cannot be a witness for the DYP and be the parent's legal representative against the DYP in the same trial.

A pro forma court date in youth protection with the DYP is a court date for form's sake. Usually, during the pro forma, the parties set a trial date. Sometimes, the pro forma is used to clarify matters. Sometimes, the pro forma is used to file a draft agreement with the DYP. It all depends on the judicial district and its practices.  In all cases, the pro forma is not the trial on the merits.

Yes. The DYP is often successful in the legal applications it files with the Court. What's more, the DYP often obtains written and signed consents from parents, resulting in judgments that are in line with the DYP's requests.

No. Your lawyer is not a witness in your youth protection case against the DYP. Your lawyer is your legal representative. You must testify if your lawyer advises you to do so. However, your lawyer can help you prepare your testimony, thereby reducing the stress associated with testifying.

Good testimony is first and foremost legally relevant. It's important to avoid thinking of testimony as a form of verbal autobiography in which you recount your entire life. Good testimony focuses on the legal issues at stake in your case before the Youth Protection Court against the DYP. A good witness is sufficiently spontaneous, 100% sincere and, as a whole, natural. A good witness is prepared to testify. Preparation is important in the structure of the testimony. Avoid being robotic; you'll lose credibility. Avoid improvising, as you'll be rambling and irrelevant. Beware of cross-examination by the opposing party. Ask your lawyer to advise you.