Réflexion critique sur la relativisation du droit à la protection de l’enfant : les distinctions de traitement du signalement des situations de compromission dans la Loi sur la protection de la jeunesse et dans la législation encadrant la profession d’avocat
This thesis examines the degrees of youth protection that emerge from the provisions of the Youth Protection Act (YPA) regarding reporting. Two areas of critical focus are presented with respect to the legislative treatment of abused children, depending on whether their situation should, or could, be reported. International law, an interdisciplinary approach (the use of psychology in service of the law), and comparative law (a study of Swiss law) are used to critically analyze Quebec’s law in respect of reporting.    The first area of critical focus is the distinction based on the grounds on which children are considered to be in danger. While there is an obligation to report physical or sexual abuse and the risk of it, the reporting of other kinds of abuse carry no such obligation and are thus discretionary for citizens and for professionals who are not in contact with children in the exercise of their profession, save for lawyers. The thesis investigates the legitimacy of this prioritization at the reporting stage, doing so in the light of children’s need for particular protection and of contemporary scientific knowledge.   The second area of critical focus is the distinction according to the category to which the reporter belongs. Lawyers and notaries are the only ones excluded from the obligatory and discretionary reporting in the YPA, binding on all other professionals and citizens. The upshot is that children’s rights and their need for tailored protection enter into conflict with adults’ rights, in particular the client’s right to solicitor-client privilege.   Following our critical analysis, we propose reforms that may provide preferable legal solutions, better reconciling the fundamental rights and interests in play.
youth protection mandatory and discretionary reporting reporting grounds solicitor-client privilege fundamental rights Youth protection Mandatory and discretionary reporting Reporting grounds Solicitor-client privilege Fundamental rights