In an unusual case, twin sisters have had their parents ordered to pay them more than $200,000 for forced labor, abuse and coercive control that occurred over a period of more than 15 years. The decision could have implications for children’s rights.
My parents spent my life telling me I was stupid, so I thought I was.
recalls Jessie, now 36.
Devalued throughout her childhood, a victim of physical abuse, psychological violence and forced labor with her twin sister until the age of 25, she has since tried to rebuild her life.
In my family, we were invalidated for years. It was a long process before I admitted that it was not normal.
This long process led her to decide to file a civil lawsuit in 2018, which resulted in the decision of Judge David Roberge of the Superior Court of Quebec on July 22.
This is one of those family stories that reality should not know.
writes the magistrate in the first sentence of his judgment.
This story is that of Jessie and her twin sister who, from the age of 8 – the time of their first memories – and for more than 15 years, were forced to work in the family newspaper delivery business in the Laurentians.
Under the influence of their parents, they had to deliver newspapers more than 20 hours a week. Saturdays and Sundays, at night between 1:30 a.m. and 9 a.m. during the school term. During the summer, newspaper delivery took place from 1:30 a.m. to 9 a.m., five nights a week, while catalogue distribution took place every other week, between 1 p.m. and 4:30 p.m.
as described in the 48-page decision.
In addition to taking on this workload for a handful of dollars, they were only allowed a little water, to prevent them from having to urinate
which caused them migraines and dehydration, the plaintiffs describe.
During the winter, without adequate boots or coats, they suffered from frostbite, conditions that cannot be avoided. are not in accordance with the best interests of children, their safety and their development
notes Judge Roberge.
The mistreatment and the after-effects that followed led the court to order the parents to pay $200,000 in non-pecuniary damages. The father was also ordered to pay $20,000 in punitive damages for intentionally and repeatedly causing these serious acts, the court ruled.
Coercive violence at issue
The judgment confirms that coercive violence allowed the parents to maintain their control over their daughters. Jessie, in particular, was diagnosed with borderline personality disorder after her experience.
Let us recall that coercive violence, a set of stratagems aimed at controlling or dominating a victim, could soon be recognized as a crime by Ottawa.
The judgment and the legal process did me good because it was a validation that yes, it was not normal, it was not correct, it was not right in my head.
Jessie can now focus on her role as a mother and her return to school. Very happy with the decision, she experienced the end of the legal process as a grief
, because it meant that the violence was behind me, but so was my family
who has five other brothers and sisters, in addition to her twin.
A judgment that changes things
The parents, who have never acknowledged the problematic nature of the alleged facts, have until September 3 to appeal the judgment.
It’s a judgment that changes things.
says Valérie Assouline, who acted as lawyer for the family in the case of the little girl from Granby. We don’t see this often, children suing their parents, and the fact that there was a successful lawsuit is a case law that will serve us in cases where there has been abuse by parents who should have acted reasonably and in cases of recurring negligence.
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Lawyer Valérie Assouline believes that this case law could be used in other cases of abuse committed by parents.
Photo : Radio-Canada / Ivanoh Demers
Without comparing the two cases, Me Assouline cannot help but think of the tragedy that occurred in Granby, where a child died after also having suffered abuse for several years.
She also welcomes Judge Roberge’s decision to emphasize coercive control, which is even more rarely highlighted in an intra-family context than in domestic violence.
Another new element, according to Me Assouline and Me Sarah-Jeanne Dubé-Mercure, Jessie’s lawyer: damages are imposed in this case.
A special case, where context is essential
In his conclusion, however, the judge issues a warning, explaining that it is a special case, where context is essential […] There is here an accumulation of violence over time which justifies the conclusion […]. However, one should be careful not to make any inappropriate generalizations.
.
For Me Assouline, this warning is necessary in order to avoid any excesses. She adds a nuance: It is not about condemning the slightest misdeed by a parent, we should not think that everyone can sue their family after years.
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