2017 QCCQ 1341, 2017 QCCQ 1341

Protection de la jeunesse — 17370 2017 QCCQ 1341 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-031746-167 DATE : January 9, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 child and A mother ______________________________________________________________________ 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 January 9, 2017. Introduction [ 2 ] The Director alleges that the child has been exposed to verbal disputes between the mother and Mr. B. The Director reports that during last year, the mother used a belt to discipline X. The Director also alleges that the mother had an alcohol dependency. [ 3 ] The Director proposes that the child be entrusted to Ms. A and Mr. B and that should they decide to separate, that the child alternate weeks.

The Director also recommends that the family receive support measures for a period of six months. [ 4 ] The mother and Mr. B are in agreement with the proposed plan. Question in litigation [ 5 ] Are the recommended measures respecting the best interest and rights of the child? Context and Analysis [ 6 ] The mother acknowledges hitting X with a belt on her arms and legs on one or two occasions, in June or July 2016, as X was lying to her.

She understood that this means of discipline is not permitted in Quebec and in Canada. [ 7 ] The mother also acknowledges having an alcohol dependency, drinking one to two beers every 2 to 3 days. She reported that she stopped using marijuana and hard alcohol in July 2016. The mother testified that on October 21, 2016, she stop drinking completely. The mother had an appointment with A Pavilion on December 29, 2016. On January 13, 2016 she will start a 13 week therapeutic process. [ 8 ] When she was intoxicated, it happened that the mother became verbally aggressive towards Mr. B as the child was sleeping.

The couple has developed strategies in order for the child not to be exposed to their dispute. The mother and Mr. B understand the impact such incidents have on the child. [ 9 ] Mr. B confirms that, during June or July 2016, on a few occasions when he was coming back from work, the child would be asleep and the mother would be intoxicated.

[ 10 ] On December 16, 2016, the couple separated and Mr. B left the home. Mr. B has since returned to the family’s residence. It was understood that, should the couple decide to separate, the child would alternate every week between the mother and Mr. B. The mother reports that for now, they reside under the same roof, but she is not sure about her relationship with Mr. B. She wants to address her alcohol dependency issues with A Pavilion before addressing her couple issues.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security or the development of the child is in danger ( sections 38 b) 2 o and b) 1 o iii of the Youth Protection Act ); [ 13 ] ORDERS that the child be entrusted to Ms. A and Mr. B; [ 14 ] Should Ms. A and Mr.

B decide to separate, ORDERS that the child alternate weeks between them; [ 15 ] RECOMMENDS that the mother follow through with the treatment plan from A Pavilion; [ 16 ] RECOMMENDS that the mother refrain from using alcohol and from being under the influence of alcohol in the presence of the child; [ 17 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 18 ] THE WHOLE for a period of six months; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on January 26, 2017 /cd Mtre Nadia Sabik Counsel for the Director of Youth Protection Mtre Jean-Hervé Thomas Counsel for the child Date of hearing: January 9, 2017