How an intervention request is processed

Steps of the process

This chart is interactive: by clicking on the links, you will access the details of each step at the bottom of the page.

CAN THE COMMISSION INTERVENE?

 
If the Commission can intervene.

yes

FOLLOWING THE REQUEST INVESTIGATION, DOES THE COMMISSION DECIDE TO INTERVENE?

 
If, following a detailed assessment, the Commission decides not to intervene.

no

FILE IS CLOSED REFERRAL IF REQUIRED

 
If, following a detailed assessment, the Commission decides to intervene.

yes

Detailed information about the steps

RECEIPT OF AN INTERVENTION REQUEST

  • An intervention request can be made in by writing or by phone (1-800-361-6477).
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PROCESSING OF REQUEST BY RECEPTION AND ASSESSMENT DEPARTMENT

  • At this stage, a member of the Reception and Assessment Department will contact you. This receives your request and determines whether, on the face of it, the Commission has the competence to intervene.
  • If the Commission has the jurisdiction to intervene, the file opened on behalf of the child is taken to the next step: the first stage of the investigation.
  • If the Commission does not have the jurisdiction to intervene, or if a case based on the same facts as the intervention request has already been referred to a court, the file is closed. However, a Commission employee may direct you to another agency such as the Local Service Quality and Complaints Commissioner, a users’ committee, or the Agence de santé et de services sociaux.
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INVESTIGATION - FIRST STAGE

  • At this stage, an investigator will contact you. The investigator helps you clarify your request and collects the information needed to process it. Then, the investigator contacts the party named in the intervention request to discuss the possibility of correcting the situation.
  • If the situation is corrected, the Commission takes note of it and the file is closed.
  • At this stage, there is also the possibility that the investigator might find that the Commission does not have the jurisdiction to intervene or that the case, based on the same facts, has already been referred to a court. The file is then closed.
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INVESTIGATION - SECOND STAGE

  • If the situation cannot be corrected at the first stage of the investigation, the investigator collects evidence in the case.
  • If a case involving the same facts has already been referred to a court, the Commission can decide to close the file.
  • The purpose of the investigation is to verify whether the rights of a child or of a group of children have been violated.
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THE FINDINGS OF THE INVESTIGATION ARE SUBMITTED TO THE INVESTIGATION COMMITTEE FOR DECISION

  • Once the investigation is completed, the findings are submitted to the Investigation Committee made up of three members.
  • If a case involving the same facts has already been referred to a court, the Commission can decide to close the file.
  • This Committee makes the decision on the outcome of the case.
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NO MORE REASON TO BELIEVE THAT RIGHTS HAVE BEEN VIOLATED

  • If, upon completion of the investigation, the Investigation Committee finds that there is not sufficient evidence that rights have been violated, the file is closed.
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RIGHTS HAVE BEEN VIOLATED

  • If the Investigation Committee believes following the investigation that there is sufficient evidence that rights have been violated, the Committee will make recommendations to the persons or organizations.
  • The purpose of these recommendations is to correct the situation and to prevent its recurrence.
  • It is also possible at this stage to refer the case to a court.
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HAVE THE RECOMMENDATIONS BEEN FOLLOWED?

  • The recommendations must be followed within the specified period set by the Investigation Committee.
  • Upon expiry of the time limit, the investigator follows up with the persons or organizations concerned to ensure that the recommendations have been implemented.
  • If the Investigation Committee is not satisfied that the recommendations have been followed correctly, it may refer the case to a court.
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REFERRING THE CASE TO A COURT

  • Should the Commission decide to refer the case to a court, it drafts a motion outlining how the child’s rights have been violated and the measures it is seeking in order to correct the situation.
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