2023 QCCQ 5337, 2023 QCCQ 5337

Protection de la jeunesse — 232539 2023 QCCQ 5337 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N o : 505-41-007322-136 DATE: May 5, 2023 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1] youth protection worker duly authorized by the Director of youth protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2011 Child -and- A Mother -and- B Grandmother-party ______________________________________________________________________ Judgment on Dispense -

Section 85. 2 Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The child’s lawyer presents an application to dispense the child from testifying in the upcoming hearing concerning a situation of sexual abuse of which she has declared being victim. [ 2 ] The Youth Protection Director and the grandmother agree with the application and believe that the child should be dispensed. [ 3 ] The mother wants her daughter to testify, alleging that her daughter might have been abused, but not by the brother at the grandmother’s house. [ 4 ] Could the child’s testimony be prejudicial to her mental or emotional development justifying that she be exceptionally dispensed? [ 5 ] The child is entrusted to her great aunt, Ms.

C since March 2022. She was removed from her grandmother’s care in reason of neglect. [ 6 ] Since living with her great aunt, the child has made great progress and her personal situation has significantly improved. Beforehand, the child had been suffering for a long time from encopresis and enuresis and took medication. When she arrived at her great aunt’s home, she was wearing a diaper. She was also bullied in school because of her smell. [ 7 ] A few months afterwards, she evolved to live a more normal life, not wearing diapers and feeling fresh and clean.

The great aunt has worked very hard to help the child with her issues.

[ 8 ] That all changed again at the beginning of April 2023. [ 9 ] The turning point seems to occur when she was asked to meet the prosecutor in relation to the criminal proceedings following the declaration she made to the police. [ 10 ] She regresses and must wear pull-ups again because, as her great aunt testifies, she has “many, many’ accidents. She hides the soiled pull-ups all over the house. She is a nervous little girl and cries all the time.

She also has starts stealing, hiding, and binging food. [ 11 ] The great aunt explains that she no longer talks to the adults in school whom she used to share her thoughts and feelings. She is sad and says clearly that she does not want to come to Court. The great aunt is really worried about the child. [ 12 ] Every child has their own story and X ’s is one of severe neglect and psychologically ill treatment, leaving her with attachment and behavioral issues. She is indeed very vulnerable. [ 13 ] She has declared having been abused by her brother and understands that her mother and grandmother don’t believe her.

The child is caught in the middle of this family conflict. [ 14 ] She has given a police video declaration, which is available as evidence. [ 15 ] The evidence demonstrates to the Court’s satisfaction, that it is probable that should the child testify, it could be prejudicial to her mental or emotional development.

Even if she is not a very young child, her behavior over the last weeks and her significant vulnerabilities convinces the Court that there is a real risk of prejudice. [ 16 ] The evidence does not have to demonstrate the actuality of the prejudice or wait for it to happen before recognizing it is in the best interest of X to be dispensed from testifying. FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DISPENSES the child from testifying. __________________________________ Mélanie Roy, J.C.Q.

Me Frédérique Earls-Bélanger Attorney the DYP Me Kelly-Ann Sinnett Attorney for the child Me Kathleen O’Meara Attorney for the mother Me Gisèle Tremblay Attorney for the grandmother Hearing date: May 5, 2023