Frequently asked questions
Mission and services of the Commission
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What is the deadline for filing a complaint with the Commission?
The deadline depends on the reason for the complaint. In general, we advise you to file your complaint as soon as possible.
Complaints of discrimination or harassment
- No later than 3 years after the fact
- No later than 6 months after the fact if the situation involves a municipality or the police
The Commission may decide not to process a complaint if the most recent events occurred more than two years ago (in keeping with section 77 of the Charter).
Complaints of exploitation
You have up to 3 years after becoming aware of a situation to report it or file a complaint.
The only exception is if the victim’s physical or psychological condition prevents them from doing so. It is then said that it was ‘impossible for the victim to act’ and the deadline may be extended.
Requests for intervention (Youth protection)
You may request intervention at any time after the fact. There is no deadline (also known as a limitation period) for asking the Commission to intervene.
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What is the difference between the Commission and the Human Rights Tribunal?
The Commission des droits de la personne et des droits de la jeunesse is the institution which promotes and upholds human rights and freedoms, the rights of youth and equal access to employment. As part of its mandate, the Commission may decide, in some cases, to bring a case of discrimination, harassment or exploitation before the Human Rights Tribunal.
The Human Rights Tribunal is an administrative court specializing in matters of discrimination, harassment, exploitation and equal access to employment programs. As such, it upholds the human rights protected by the Charter of Human Rights and Freedoms.
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What is the difference between the Commission and the Director of Youth Protection (DYP)?
The Director of Youth Protection (DYP) is responsible for :
- accepting and processing reports
- assessing the child’s situation and determining if their security or development is in danger
- determining the appropriate child protection measures and helping parents correct the situation
- implementing child protection measures - keeping the child in the family environment, or placing them elsewhere (foster family, children’s home, etc.)
- regularly reviewing the child’s situation
- putting an end to the DYP’s intervention if a child’s security or development is no longer in danger
The Commission intervenes when people, institutions or organizations fail to respect the rights of a child in need of protection, whether or not the child is under the responsibility of the Director of Youth Protection (DYP).
The Commission’s responsibilities include :
- promoting and upholding young people’s rights under the Youth Protection Act and the Youth Criminal Justice Act
- investigating if we have reason to believe that the rights of a child or group of children have been violated
- taking legal steps to correct situations where a child’s rights have been violated
- educating the general public, and children in particular, about children’s rights
- making recommendations to government
- conducting research about young people’s rights under the Youth Protection Act and the Youth Criminal Justice Act
The Commission’s broader mission is to promote and protect the rights of children.
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When should I contact the Commission and when should I contact the DYP?
If you believe that a child is experiencing abuse, neglect or serious behavioural problems, contact your local Director of Youth Protection (DYP). The DYP is the organization that can intervene to protect the child.
After submitting a report, if you feel that the DYP’s response is inadequate or that the rights of a young person under the care of child protection services are not being upheld, then contact the Commission.