CCLA Granted Leave to Intervene at Supreme Court

TORONTO — Harini Sivalingam, Director of the Equality Program of the Canadian Civil Liberties Association, made the following statement:

The Canadian Civil Liberties Association has been granted leave to intervene at the Supreme Court of Canada in Commission des droits de la personne et des droits de la jeunesse v. Directrice de la protection de la jeunesse du CISSS de la Montérégie-Est and has filed its arguments to the court.

The key issue in this case concerns the courts’ powers to grant systemic remedies when the rights of vulnerable persons are infringed. In this case, the Court of Quebec found that the rights of a young person who had been subjected to multiple isolation and restraints measures had been violated while under the protection of a Director of the Youth Protection. On appeal, both reviewing courts, the Superior Court and the Court of Appeal, determined that some of the orders were systemic in nature and exceeded the Court of Québec’s jurisdiction. The Supreme Court of Canada is scheduled to hear this appeal on March 19.

The CCLA in intervening in this case at the Supreme Court of Canada to ensure that the rights of vulnerable young people are protected. The CCLA argues that situations where a court had determined that the rights of a vulnerable young person have been infringed, the court should be empowered to grant systemic remedies.

The CCLA is grateful to be represented pro bono on this intervention by Karine Joizil and Simon Bouthillier of McCarthy Tétrault LLP.

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You can read the CCLA’s factum here.