2024 QCCS 183, 2024 QCCS 183

A c. Direction de la protection de la jeunesse (Centre intégré de santé et de services sociaux A) 2024 QCCS 183 SUPERIOR COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU N° : 550-17-012913-230 DATE : January 18 th , 2024 ______________________________________________________________________ IN THE PRESIDENCE OF the honourable ANNE-France GAGNON, J.C.S. ______________________________________________________________________ A, and A in his capacity as tutor to his minor child X Plaintiffs c. DIRECTION DE LA PROTECTION DE LA JEUNESSE (CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX

A) Defendant ______________________________________________________________________ JUDGEMENT (CONFIDENTIALITY MEASURES) ______________________________________________________________________ [ 1 ] CONSIDERING the Judicial Application Originating a Proceeding dated April 23 rd , 2020 against the Direction de la protection de la jeunesse ("DPJ"), in which the Plaintiff alleges, among other things, that the DPJ made several faults in assessing a report concerning minor child X; [ 2 ] CONSIDERING the Plaintiff's Application for Confidentiality Measures dated November 14 th , 2023 seeking the issuance of an order to prevent publication, disclosure, and circulation of the file, to preserve confidentiality to place the entire file ("Application") under seal; [ 3 ] CONSIDERING that the Defendant consents to the Application, subject to minor modifications to the wording of the conclusions; [ 4 ] CONSIDERING that the Plaintiff agrees with the Defendant's requested modifications to the conclusions; [ 5 ] CONSIDERING that no application has been made since the institution of proceedings to preserve the Plaintiffs's anonymity; [ 6 ] CONSIDERING that the purpose of the Youth Protection Act (" YPA ") is to protect a person under the age of 18 whose security or development is, or may be, considered compromised; [1] [ 7 ] CONSIDERING that the YPA , in particular through sections 9.2 and 9.3, requires the maintenance of confidentiality; [ 8 ] CONSIDERING that the YPA provides that no one may publish or broadcast information identifying a child or its parents, except with the authorization of the Court; [ 9 ] CONSIDERING that the YPA imposes a strict confidentiality regime meant to prevent certain harmful effects that children’s

contact with the judicial system could have on their current and future development; [2] [ 10 ] CONSIDERING that the provisions of the YPA relating to the confidentiality are matters of public order; [3] [ 11 ] CONSIDERING that

article 12 of the Code of Civil Procedure provides that exceptions may be made to the rule of open proceedings for reasons of public order; [ 12 ] CONSIDERING that the alleged fault occurred in the context of the Defendant's handling of the youth protection case involving child X, within the scope of the YPA ; [ 13 ] CONSIDERING that the Application seeks to protect the rights to confidentiality of the persons implicated in the related youth protection files, in particular the identity of minor child X; [ 14 ] CONSIDERING that it is in the interest of minor child X and the proper administration of justice that the present Application be granted; FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the Application for Confidentiality Measures; [ 16 ] DECLARES the records and documents under this matter as being access-restricted pursuant to Articles 12 and 16 of the Code of Civil Procedure , without limitation; [ 17 ] RESTRICTS the access, disclosures, or circulation of all information and documents under this matter pursuant to Articles 12 and 16 of the Code of Civil Procedure , without limitation; [ 18 ] ORDERS the Court file in its entirety to be placed under seal and that it be accessed, consulted, or copied only by the parties’ legal counsel in this matter in accordance with

Article 16 of the Code of Civil Procedure ; [ 19 ] ORDERS all elements constituting this matter be treated in such a way as not to be accessible to the public; [ 20 ] ORDERS all hearings of this matter be held in camera pursuant to

Article 12 of the Code of Civil Procedure , without limitation; [ 21 ] ORDERS the anonymity of the Plaintiffs be protected; [ 22 ] PERMITS the identification of the Plaintiffs by the initials A and X respectively; [ 23 ] PERMITS the Plaintiffs to bring any and all proceedings under this matter by using their initials as identifiers; [ 24 ] ORDERS the utilisation of initials to designate the Plaintiff in the court plumitifs and judgements; [ 25 ] THE WHOLE without cost. __________________________________ ANNE- France GAGNON, j.c.s.

A Self represented Me Karl Chabot Lavery de Billy Attorney for the Defendant Date of the hearing Taken under advisement: December 11 th , 2023 December 18 th , 2023