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Investigation - Youth rights

Investigation - Youth rights

Investigation - Youth rights

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When can the Commission investigate?

The Commission can investigate, on its own initiative—or when an intervention request has been received—any situation involving an infringement of rights Youth Protection Act This link will redirect you to an external Website in a new window. or the Youth Criminal Justice Act This link will redirect you to an external Website in a new window..

What is an investigation?

The purpose of an investigation is to check the allegations contained in the intervention request and to collect the relevant facts and information required to establish whether there is a violation of rights.

Following its investigation, the Commission determines whether there has been an infringement of rights, and makes recommendations to correct the situation.

What happens during an investigation?

An investigation by the Commission is not a trial; it is conducted by an investigator who submits a report to the Investigation Committee.

  1. An investigator is assigned to the case.
    1. The investigator contacts the individuals involved, or meets them in person to collect their version of the facts. These persons may be assisted by a lawyer or a person of their choice.
    2. The investigator obtains the documents relevant to analyze the situation.
    3. Once the information is collected, the investigator prepares a report summarizing the evidence, and submits it to the parties for comments.
    4. The investigator files the report with the Investigation Committee.
    5. During this process, the investigation may be closed if the situation is corrected.
  2. The Investigation Committee, composed of three members of the Commission, studies the investigator’s report and determines whether rights have been infringed.
    1. If the members believe that rights have indeed been infringed, they may:
      • issue any recommendation they deem appropriate to the institution, organization, or department concerned in order to correct the situation and prevent this type of situation from recurring
      • submit an application to the Court of Québec, Youth Division
    2. If these recommendations are not implemented within the specified period, the Commission may bring the matter to the Court of Québec, Youth Division.
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Emergency measures

The Commission may ask a court to order emergency measures when it has reason to believe that the life, health or safety of a child or teenager, victim of a violation of rights, is threatened, or that evidence may be lost.