In Case of a Dispute

 

 

Dispute With Your Resource Person

If you find yourself in conflict with the person responsible for monitoring your file (PR) and you are unable to find common ground, you can communicate your complaint to the general address of the DEM ([email protected]).

Litige avec votre centre de services scolaire

Si vous vous retrouvez en situation de conflit par rapport aux services offerts par votre CSS, vous pouvez demander à votre personne ressource de la DEM d’intervenir. En cas d’impasse, commencez par déposer une plainte officielle. Le processus est généralement disponible sur leur site internet. Si le problème n’est toujours pas résolu, vous pouvez faire appel au Protecteur de l’élève

If You Reach an Impasse, You Have a Number of Options for Asserting Your Rights:

Tribunal administratif du Québec

The interpretation and implementation of government policies and laws would be difficult, if not impossible, if administrative tribunals did not exist. While courts adjudicate disputes between citizens, administrative tribunals usually resolve disputes between citizens and the state. The primary function of this branch of law is to ensure that laws are implemented and enforced in a fair and reasonable manner. It is based on the principle that government action, in all its forms, is lawful and that citizens aggrieved by unlawful government actions have effective remedies. The first section of the Act Respecting Administrative Justice in Québec states that “The purpose of this Act is to affirm the specific character of administrative justice, to ensure its quality, promptness and accessibility and to safeguard the fundamental rights of citizens.” 

The DEM is tasked with making administrative decisions—such as the closing of a file— when monitoring homeschooling families.  If you believe that the DEM has made a mistake in a decision concerning your file, you can, in a great number of cases, turn to the Tribunal administratif du Québec (TAQ). The TAQ was created to facilitate access to administrative justice, while offering guarantees of impartiality. It is there to hear the parties and its decisions are generally final and without appeal.

Commission des droits de la personne et des droits de la jeunesse (CDPDJ)

The CDPDJ receives complaints from any person or group of persons who believe that they are victims of discrimination or harassment—based on one of the grounds prohibited by the Charter—and that this situation prevents them from fully exercising their rights in one of the areas protected by the Charter (e.g.: refusal by the SB/SSC to provide accommodations during examinations or refusal to provide services to children up to the age of 18).

Québec Ombudsman

The Québec Ombudsman handles complaints about all Québec government departments, including the Ministère de l’Éducation.

Politicians

You can contact your MNA to help expose the problems faced by homeschooling families.

Assistance Services in Youth Protection

Any party to a youth protection or adoption file, whether parent, child or other party, may be counseled and represented by a lawyer of his choice. In order to better serve clients in these matters, a daily referral service was created by the Association des avocats et avocates en droit de la jeunesse, in collaboration with the Barreau du Québec. Every week-day, between 8:30 a.m. and 4:00 p.m., two lawyers are present in room 105 of the Court of Quebec, Youth Division, (located at 410 Bellechasse Street East in Montreal), in order to meet with and, if necessary, represent any person who requires the services of a lawyer in this legal domain.

To contact the assistance service for youth protection and adoption matters, dial 514 278-1738.

Soutien légal de l’AQED

En cas de litige, l’AQED offre un service de soutien légal à ses membres. Pour plus de détails, voir les conditions d’utilisation de ce service. 

The only way to force a homeschooled child to return to school against his or her will is by a judgment from the Youth Court following, among other things, a declaration of educational neglect by the Director of Youth Protection (DYP).