Family of Granby girl killed in 2019 suing Quebec's youth protection system

The family of a seven-year old girl from Granby, Que., who died in her father's care has filed a lawsuit against the province's youth protection system and the local school authority.

Valérie Assouline, the lawyer representing the girl's mother and paternal grandmother, says the authorities violated the child's fundamental right to life, safety, dignity and rescue.

"They knew [she was being abused] and did nothing. There's nothing to justify their non-action," said Assouline at a news conference held with the family Monday — the day the girl would have turned 11. 

"It is simply unacceptable. There needs to be punitive measures to finally change things in a significant way for children in Quebec."

Assouline filed the suit at the Granby courthouse, about 80 kilometres east of Montreal. 

The suit asks for $3.7 million from Quebec's youth protection system, also known as Directeur de la protection de la jeunesse (DPJ) and the Val-des-Cerfs school service centre.

The girl's death in the spring of 2019 sent shockwaves through the province, sparking public outcry and prompting an inquiry into Quebec's youth protection system.

The child's troubled family situation had been flagged to authorities, and the girl had been followed by youth protection since birth.

She was taken out of her paternal grandmother's custody, despite being in a stable environment, and placed with her father four years before her death, said the lawyer.

The girl's mother and grandmother spoke behind a screen as their identity is protected by a publication ban.

The family and lawyer say money can never make up for the loss of a child, but they want the lawsuit to force accountability and prevent intervention workers from "hiding behind the system when dealing with the most vulnerable in our society." 

Assouline also called for a youth protection watchdog to be appointed.

"The most important thing is that this never happens to another child," said the girl's grandmother.

Authorities 'created her nightmare'

The girl's mother and grandmother said they repeatedly reported the abuse her father put her through but were treated as "crazy." The mother said authorities told her she was trying to hurt the father to get custody of her child rather than trying to protect her daughter.

"It was the child who needed to be protected, not the father," said the family's lawyer.

Assouline says the family was alienated by the DPJ authorities while the school turned a blind eye to the child's cries for help. The school even recommended the girl be homeschooled knowing she was being abused, she said.

The girl's mother said she was allowed to visit her daughter only under strict supervision and only for 90 minutes every other weekend.

The mother, who had custody of two of her children, said she began noticing a vacant look in her daughter's eyes during the supervised visits. She also grew increasingly emaciated and showed signs of injury. 

She says her life was destroyed by the avoidable death of her eldest daughter. 

"We were worried about the father and as a result she was taken away from us," said the girl's mother. 

"I reported this to the DPJ, only to have them remove all access to my child who was afraid I would abandon her. They made sure her worst fears happened. They created her nightmare and took away her sources of happiness and strength."

The grandmother says that when she heard the news that a seven-year-old girl had been found on the verge of death in Granby, she immediately knew it was her granddaughter. She called her daughter to confirm and rushed to the hospital. The women say the DPJ didn't immediately allow them to see the child. 

"Right until the end bureaucracy took over humanity," said Assouline. She says this case the hardest she's ever handled and "the worst story Quebec has seen in 100 years."

Legal action possible for neglect

The girl's step-mother was found guilty of forcible confinement and second-degree murder in the case, while her father pleaded guilty to forcible confinement.

Following an investigation, Quebec's human rights commission — also known as the Commission des droits de la personne et des droits de la jeunesse (CDPDJ) — found there were "shortcomings at all stages of the clinical and legal process aimed at protecting" the child.

Assouline pointed out there have been numerous inquiries into the DPJ and calls for reform in the past decades. 

Constitutional and human rights lawyer Julius Grey says it can be difficult to sue public authorities who are protected by immunity clauses, though they do not apply if there is bad faith or such extreme negligence as to be tantamount to bad faith.

"It's not an impossible endeavour, but it is one which has an added difficulty which most civil actions don't," he said.

Assouline said their case is supported by ample reports of documented abuse and neglect from the DPJ and school service centre. 

School authorities refused to comment on the legal proceedings, but said in a statement "The Val-des-Cerfs School Service Centre has always been transparent in this sad and painful situation." 

The regional health authority also refused to comment on the ongoing proceedings.  

"The death of this little girl is a tragedy that has shaken us all and remains etched in our minds," said Stéphane Tremblay, CEO of the CIUSSS de l'Estrie-CHUS, in a statement.