2020 QCCQ 11213, 2020 QCCQ 11213

Protection de la jeunesse — 208662 2020 QCCQ 11213 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001056-206 DATE: September 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2019 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered. [ 3 ] Today, the Director recommends that the child be entrusted to her father’s care and that diverse support measures be ordered for a period of nine months. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan. [ 5 ] The child’s attorney recommends that unannounced visits from the Director be authorized.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The parents met in 2016. Since, their relationship has fluctuated. The child currently resides with her father. [ 8 ] The child has been witness to several incidents of conjugal violence between her parents. The police had to intervene on numerous occasions. [ 9 ] On November 22, 2019, both parents accused the other parent of assault.

The police observed that they were both intoxicated by alcohol and that the child was sleeping during the police intervention. [ 10 ] On March 14, 2020, the parents were observed intoxicated by alcohol walking in the street. The father had a gypsum knife in his pocket. He mentioned that the mother had punched him in the face. At the time, the child was left at home with a caregiver who was sober. The mother was arrested for assault.

[ 11 ] On May 9, 2020, the mother reported that the father was pushing her while he was intoxicated. The child was present during the altercation. The father was arrested for assault. [ 12 ] On May 21, 2020, the police and Youth Protection worker had to intervene. The mother was intoxicated and sleeping on the couch. The child was sleeping directly on the floor, without any mattress. When the mother woke up, she became aggressive with the Youth Protection worker.

The mother eventually agreed for the child to be entrusted to her cousin. [ 13 ] On June 4, 2020, the father called the police stating that the mother was intoxicated and that she wanted to leave with the child. At some point, the police had to physically intervene to take the child out of the mother’s arms and entrust her to the father. [ 14 ] On June 19, 2020, the father informed the Youth Protection worker that he had found the mother, intoxicated and sleeping, while the child was left without supervision. The mother made threats of physical violence against the Youth Protection worker.

Immediate protective measures were invoked and the child was entrusted to the father’s care. [ 15 ] On June 25, 2020, the father reported that the mother threatened him with a knife. He was afraid for the child who was inside the house. When the police arrived, they observed that the mother was intoxicated. She was arrested for assault with a weapon. [ 16 ] On July 1, 2020, while she was intoxicated and mad against the father, the mother put two large handful of dirt into his ATV gas tank. The mother was arrested for mischief to property.

Later that evening, the mother went to her sister’s place and punched her three or four time in her face. She was arrested for breaching her condition to keep the peace and good behaviour. [ 17 ] On July 11, 2020, the police found the father intoxicated, passed out on a chair at the kitchen table. The child was awake in her crib in a bedroom. The child was eventually entrusted to the mother, who was sober at the time. [ 18 ] On July 22, 2020, the mother took the child from the father’s home and ran away. She was intoxicated at the time.

The father was eventually able to get the child back. [ 19 ] On July 23, 2020, the father was arrested for assault with a weapon on the mother and on another victim, Ms. C. It was reported that he threw rocks, the size of a grapefruit, in their direction.

This incident was filmed on video. [ 20 ] On July 27, 2020, the mother was arrested for breach of her conditions. [ 21 ] Since August 6, 2020, the mother has been detained at Leclerc detention centre in Laval. [ 22 ] On August 7, 2020, the Tribunal entrusted the child to her father’s care on a provisional basis. [ 23 ] On August 30, 2020, the father was arrested for operating his ATV while impaired. The child was with him, on the same vehicle. During his testimony, the father clarified that he had not been driving while impaired. He had two drinks and was arrested by the police before ever driving.

He recognized that this was a “stupid decision”. [ 24 ] During the Youth Protection intervention, the mother denied any concerns with her alcohol consumption or with conjugal violence. [ 25 ] The father recently requested a follow-up from the CLSC. A therapist was recently assigned to work with him. [ 26 ] Plans were made to identify potential alternative caregivers for the child: paternal aunt, Mrs. D in [Province A] or maternal aunt, Mrs.

E in [Region A]. [ 27 ] The mother reported that, since being detained, she remained sober and that she was now agreeing to receive support to keep her sobriety. [ 28 ] Both parents have to work on their issues of alcohol consumption, anger management and communication. [ 29 ] At this point, it is still possible to entrust the child to her father’s care. He recognizes the importance of remaining sober while his daughter is under his responsibility. He welcomes the help that could be given.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 30 ] GRANTS the application for protection; [ 31 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38

c) of the Youth Protection Act ); [ 32 ] ORDERS that the child be entrusted to her father; [ 33 ] ORDERS that the contacts between the child and her mother be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 34 ] ORDERS that the parents report periodically to the Director on the measures they apply to themselves or in their child’s regard to put an end to the situation of compromission; [ 35 ] ORDERS that the parents take an active

part in the application of the ordered measures;

[ 36 ] ORDERS that the parents abstain from any violent behavior in the presence of the child; [ 37 ] ORDERS that the parents remain sober in the presence of the child; [ 38 ] RECOMMENDS that the parents seek help through Social Services for their alcohol and personal issues; [ 39 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her family; [ 40 ] THE WHOLE until June 30, 2021; [ 41 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 15, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: September 28, 2020