In Case of a Dispute
AQED encourages a positive and constructive attitude in your relations with the DEM and the School Board (SB) or School Services Center (SSC). It is beneficial to both parties that the relationship be one of open exchange and respect, aligned towards the common goal: the well-being of our children.
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]).
Dispute With Your School Board or Service Center
If you find yourself in conflict regarding the services provided by your SB or SSC, you can ask your PR to intervene. If the situation is not resolved, you can file a complaint with the Student Ombudsman.
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.
AQED’s Legal Support
In the event of a dispute, AQED offers legal support to its members. For more details, see the terms of use of this 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).