Rehabilitation Centres receive both children in need of protection and youths who have committed a criminal offence. In all cases, the Centre's mandate is to help them readjust to society. In pursuing this mandate, educators resort to measures of seclusion, time-out or withdrawal, whether for therapeutic or disciplinary reasons. All of these measures, however one wishes to call them, may be effected through confinement. The children are thus liable to be locked into their own room, into a specially designed time-out room or into a seclusion room, the time of confinement lasting anywhere from a few minutes to a few hours. Some rehabilitation programs, calling for measures such as time-out or withdrawal, currently allow for the possibility of confining a child in a locked room for some twenty hours a day, for several consecutive days. / From a legal standpoint, confinement may constitute a form of therapy, or it may constitute a disciplinary measure. Depending on the reason for its implementation, seclusion therefore falls under different legal provisions. Yet in all cases, seclusion remains a coercive measure with a strong punitive component. It would therefore be logical for all confinement measures to be governed by the same set of legal rules. Furthermore, the framework provided by health services legislation, which is based on consent to treatment, does not properly account for such measures. Regulating the disciplinary powers of educators, especially their power to lock up children in closed rooms, would be an approach better suited to the actual needs of children.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.85149 |
| Date | January 2005 |
| Creators | Desrosiers, Julie |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Doctor of Civil Law (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002227273, proquestno: AAINR12829, Theses scanned by UMI/ProQuest. |
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