r v. A, 2016 QCCQ 6483

Protection de la jeunesse — 162650 2016 QCCQ 6483 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005011-153 DATE: January 18, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 1998 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection presents motions for protection concerning the siblings Y and X, alleging that their security and development are in danger in reason of educational neglect and serious behavioural disturbance.

For X, the Director seeks the application of protective measures until his majority, including that he remain in his maternal environment and benefit of supervised contacts with his father. [ 2 ] The adolescent and his mother consign their agreement as to the evaluation and orientation put forth by the Director. [ 3 ] Although the Court proceeds in the father’s absence, the evidence confirms his acceptance of the protective measures in conjunction with his family’s consent to such. [ 4 ] Analysis and decision [ 5 ] Until December 2015, the adolescent resides with his parents and siblings. [ 6 ] Within the family dynamic, the father is the main authority figure. [ 7 ] For several years, the father consumes alcohol on a regular basis, a situation which intensifies in times of stress and results in aggressive behaviours.

The father denies a drinking problem, although both his spouse and his sons consider that such impacts negatively on the family unit. [ 8 ] Y presents increasingly difficult behaviours, has frequent outbursts and admits having difficulty controlling his anger. He is regularly disruptive and demonstrates an inability to follow rules. His behavioural problems occur in the home as well at school. Since November, he is under a suspension from school for vandalism. [ 9 ] Both X and his brother Y consume cannabis on a daily basis. Neither considers that such is problematic.

They insist on their right to consume and refuse to consider the illicit or detrimental nature of their drug use. [ 10 ] Overall, the family dynamic is in disarray and tensions prevail. Conflicts are recurrent. [ 11 ] On December 2, 2015, the police intervene at the family residence. The father is intoxicated and threatens his sons. There is a physical altercation with Y. The father is arrested and receives conditions of release prohibiting contacts with his sons. He now resides with his father.

[ 12 ] Following this incident, the Director commences an evaluation of the adolescent’s situation. [ 13 ] The father’s departure from the family home exacerbates an already fragile situation. The brothers refute their mother’s authority and are increasingly controlling of the environment, presenting problematic behaviours. There are repeated altercations as the brothers reject and openly denigrate their mother’s interventions. [ 14 ] An educator intervenes to accompany the family.

A contract of conduct is put in place for Y, which he contravenes the following day by staying out until 3 am and getting drunk. [ 15 ] On December 17th, a violent altercation occurs between the mother and her sons when she tries to restrict their game play. The brothers join forces and their mother is subjected to threats and physical violence. When she attempts to call the police, X breaks the phone.

The mother goes to a neighbor’s home for aid and the boys lock her out of the house. [ 16 ] The police intervene and the brothers are arrested and face criminal accusations. [ 17 ] On December 22, 2015, the Court hears a motion for provisional compulsory foster care in regards to the adolescent and his brother, in conjunction with bail hearings, as both are still detained. [ 18 ] While recognizing the dysfunctional family dynamic, the parents jointly submit that their son Y presents persistent behavioural difficulties, but that such is not the case for X, who is usually respectful and even-tempered.

They cite their recent separation as the catalyst for his recent behaviours. [ 19 ] Both brothers offer similar positions. They minimize their behavioural disturbances, while questioning the need for services. They claim their right and need to pursue their drug consumption despite their parent’s disapproval and the knowledge that such is illegal. [ 20 ] After hearing the evidence, the Court entrusts X to his maternal environment, while Y remains in a reception center. Various supportive measures are put in place to accompany the adolescents and their family on a provisional basis.

They receive their concurrent release from custody with certain conditions, including a prohibition of consuming drugs. [ 21 ] Since the provisional order and the onset of services, the situation shows an overall improvement. [ 22 ] X demonstrates no further episodes of violence and he respects the rules as established in partnership with his mother and the educator. He resumes his schooling. He admits that his drug consumption helps him deal with his emotions but states to respecting the prohibition in his conditions of release.

He further agrees to an evaluation in this regard. [ 23 ] In the reception center, Y functions generally well. He initiates services as to his anger and drug consumption, although he minimally recognizes problems in this regard. Outings home are positive and he respects his mother’s rules. [ 24 ] Services are pending for Y and X with [center A] in regards to impulsivity and anger issues, as well as with [center B] in regards to drug consumption. [ 25 ] The mother cooperates with the intervention and is open to receiving services.

She states that her sons are doing better, respect the rules put in place and that the communication is now more serene. She observes no indications of drug use. [ 26 ] The father is cooperative and, although he maintains not having a drinking problem, declares being ready to participate actively in the protective measures. He declares stemming his alcohol consumption and to making efforts to regain control of his life.

Steps are undertaken to modify his conditions of release in order to permit contacts with his children. [ 27 ] The evidence demonstrates that the family environment is struggling under the weight of a complexity of issues, namely the father’s alcohol consumption, a conflictual parental relationship and subsequent separation. These issues weaken the parent’s capacities to respond to their son’s behavioural issues.

In conjunction, the brothers are susceptible to adopting high-risk behaviours and putting their integrity at risk, through their drug consumption, violence and general opposition to authority. [ 28 ] In view of the evidence and the parties’ positions, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 29 ] FOR ALL THESE REASONS, THE COURT: [ 30 ] GRANTS the motion for protection; [ 31 ] DECLARES that the security and development of the adolescent are in danger for the following reasons: ➢ Educational neglect; ➢ Serious behavioural disturbance; [ 32 ] ORDERS that the adolescent remain in his maternal environment; [ 33 ] ORDERS that the contacts between the adolescent and his father be in the presence of a third party chosen by the Director and at his request; [ 34 ] AUTHORIZES of the lifting of said supervision between the adolescent and his father following mutual agreement between the parties;

[ 35 ] ORDERS that the parents and the adolescent take an active

part in the application of the measures ordered; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 37 ] TAKES ACT that the adolescent agrees to participate in follow-ups with [center A] and [center B] ; [ 38 ] ALL THESE MEASURES until the adolescent’s majority, namely [...], 2016; [ 39 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Sarah Gaudry Staub Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Johanne Leduc Attorney for the adolescent Date of hearing: January 18, 2016