A family suing their school service center where the five children were allegedly bullied is asking for the public’s help to continue their fight after falling through the cracks of access to justice.
“I receive messages from parents who say to me: “thank you for [mener ce combat] “For our children, I wouldn’t have the courage.” But in the meantime, we are starving to death,” says Marie-Josée De Celles.
This mother from Saint-Jean-sur-Richelieu has just launched a GoFundMe campaign with the aim of raising funds to pay a lawyer, failing to find one who would like to provide their services pro bono.
The newspaper published an article in March on the $18 million lawsuit filed against the Center de services scolaire des Hautes-Rivières for the intimidation and arbitrary treatment suffered by its five children in three different schools.
Excluded due to age
The family represents itself. The children are now adults, except the youngest, Marek Côté-De Celles, 16 years old.
However, the Code of Civil Procedure stipulates that “guardians” must be represented by a lawyer, which would apply to Marek’s parents since he is a minor.
A judge therefore ruled that the suit was partially inadmissible for this reason. Marek is therefore excluded from the suit until a lawyer can represent the parents in their role as guardians, it is stipulated in a document dated February 21.
“I think it’s unfair,” the teenager said. Journal.
The Napoléon-Bourassa school in Saint-Jean-sur-Richelieu, which the five children attended.
Photo QMI Agency, PIERRE-PAUL POULIN
“It’s like making him relive a second exclusion,” his mother complains, recalling that Marek experienced several forms of bullying during his time in primary school and that it was he who contributed to “opening Pandora’s box” within the siblings.
The family is eligible for legal aid, but claims for damages, as is the case here, are not part of the covered services, confirms the Legal Services Commission.
Ironically, the law requires them to be represented for their minor son.
Not millionaires
They still have the option of doing business with a lawyer in private practice, who could have their fees reimbursed by legal aid in the event of defeat.
“But there is not a lawyer who accepts these prices,” notes Mme From Celles, who claims to have contacted around sixty of them.
“There are some who ask for a deposit of $10,000 before even reading the lawsuit,” she is surprised. Hey, we’re not millionaires!”
Mme De Celles gave up her career as a special education teacher to care for her children when they were in distress. As for the father of the children, he is on sick leave for heart problems.
Meanwhile, the center she is pursuing has financial resources incomparable to theirs, she emphasizes.
The Côté-De Celles case illustrates the flaws in access to justice, believes Sophie Gagnon, general director of the Juripop organization.
“More and more people are representing themselves in court. And it’s not by choice. In the overwhelming majority of cases, it is out of spite,” she notes.
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