If parents have the right to see their children, they shouldn’t be deprived of it

The context

• When parents no longer have custody of their children, a tribunal may grant parents the right to see them. Certain community organizations supervise the meetings.
• A father contacted one of them and was put on a list for supervised visits.
• In the following weeks, the man was insistent and used very inappropriate language. As a result, the organization decided to close his file.

The complaint

The father disagreed with the closure of his file. He complained to the Protecteur du citoyen.

Subject to certain requirements, the Protecteur du citoyen can intervene with community organizations. Notably, it has jurisdiction concerning those funded under the community organization support program.

What our investigation showed

• The organization’s decision was very severe because it prevented the father from having contact with his children.
• The organization had refused to give him a letter advising him about his registration and specifying the wait time. Without this document, the man could not appeal to the courts to find some other way of seeing his children.
• As the Protecteur du citoyen saw it, the organization should have a better framework for intervening. When there are problems with a parent, closing the file should be a last resort. Other measures with less serious consequences should be used to correct the situation.

The outcome

Now that the Protecteur du citoyen has intervened, the organization gives a letter to any parent who requests one. It confirms registration and gives parents an idea of the wait time for receiving services.

The organization also produced a procedure for managing prohibited behaviours. One of the things specified is that measures with less severe consequences must be used before a file is closed.

This case was taken from our 2020-2021 Annual Report.