Posted by Eugene Volokh:
Quebec Appellate Court Upholds Lower Court Decision Reversing Father's
Grounding of 12-Year-Old:
http://volokh.com/archives/archive_2009_04_05-2009_04_11.shtml#1239306899
I had blogged about the lower court decision [1]here; the appellate
decision is [2]here, in French -- if anyone can translate whatever
seem to be the key portions, I'd be much obliged. In the meantime,
here's a [3]CBC news account:
A Quebec father who was taken to court by his 12-year-old daughter
after he grounded her in June 2008 has lost his appeal.
Quebec Superior Court rejected the Gatineau father's appeal of a
lower court ruling that said his punishment was too severe for the
wrongs he said his daughter committed....
In its ruling, issued Monday, the province's court of appeal
declared the girl was caught up in a "very rare" set of
circumstances, and her father didn't have sufficient grounds to
contest the court's earlier decision....
[The daughter] had been living with her father after her parents
split up when he grounded her in 2008 for defying his order to stay
off the internet. The father caught her chatting on websites he had
blocked, and alleged his daughter was posting "inappropriate
pictures" of herself online.
Her punishment: she was banned from her Grade 6 graduation trip to
Quebec City in June 2008, for which her mother had already granted
permission.
The father � who had custody � withheld his written permission for
the trip, prompting the school to refuse to let the girl go with
her classmates.
That's when the girl asked for help from the lawyer who represented
her in her parents' separation, and petitioned the court to
intervene in her case....
The girl � who now lives with her mother � doesn't have much of a
relationship with her dad now ....
Thanks to [4]Ken at Popehat for the pointer.
References
1. http://volokh.com/posts/1213889358.shtml
2.
http://www.jugements.qc.ca/php/decision.php?liste=36520610&doc=07014156500C1F06
3.
http://www.cbc.ca/canada/montreal/story/2009/04/07/mtl-quebecgirl-sues-dad-0407.html
4. http://www.popehat.com/
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