2019 QCCQ 18674, 2019 QCCQ 18674

Protection de la jeunesse — 198273 2019 QCCQ 18674 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000620-192 DATE: October 8, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2019 Child -and- A -and- 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 child is seven month-old and thus extremely vulnerable. Until the beginning of July, she lives with both parents and her older half-brother. [ 2 ] The mother then leaves home with her children, following an altercation with the father.

At the time, the mother says she saw her common-law spouse masturbating while filming himself, with their baby daughter just beside him. [ 3 ] The director of youth protection (DYP) alleges that the child suffers psychological ill-treatment, being exposed to her parents’ conflicts and domestic violence. The DYP also alleges that the child is a victim of sexual abuse by her father. The DYP notably recommends entrusting the child to her mother and supervising contacts with the father. [ 4 ] The mother agrees with the DYP, while the father denies any sexual abuse.

At the end of the hearing, the child’s counsel pleads the evidence is not convincing as far as sexual abuse is concerned. [ 5 ] Following the hearing, the court concludes that there is no evidence demonstrating, on the balance of probabilities, that the child suffers sexual abuse. However, she is submitted to psychological ill-treatment, which puts her security or development in danger. [ 6 ] Here are the reasons supporting that conclusion. [ 7 ] The mother suffers trauma throughout her life. The DYP is involved in her life, in regard with her son’s situation, from 2015 until 2018.

At the time, there are concerns about domestic violence, the mother’s addictions and her personal issues. The mother completes a therapy and cooperates with services, while the father is absent from his son’s life. The DYP decides to close the file in June 2018. [ 8 ] The mother begins a relationship with the father in 2017, but they do not live together until the child is born, in February of this year. The relationship is stormy. [ 9 ] The incident that leads to the DYP’s current intervention takes place on July 2, 2019.

An altercation occurs between parents that day, in the presence of the child. [ 10 ] The mother says she surprises her spouse in the kitchen, masturbating, with his cell phone in hand, talking to a girl, while the

child is just beside him. She reacts immediately, attacking him and yelling. However, in the course of her testimony, the mother states she is not sure, she doesn’t know if it is what it looks like. [ 11 ] The mother then leaves the father’s house, with her children, and they live apart since then. [ 12 ] With regard to domestic violence, the mother says they are both violent towards each other. She adds they are both alike, they are angry and need counselling. She states that the father is a good dad, that she loves him “to death,” but doesn’t trust him. [ 13 ] The father’s version of facts is quite different.

He says that the mother assaults him and that he runs out. He denies any inappropriate sexual behaviour in the presence of the child. He says he would never touch himself in front of his daughter. [ 14 ] He also states that, when they break up, the mother steals his computer and sends pictures of his private parts to people. The father testifies concerning personal pictures of him on a social media. He provides explanations that the court cannot put aside. [ 15 ] The father says he had serious problems in the past, but he changed his life.

Nevertheless, he admits that anger remains an issue and he wants help. [ 16 ] At the end of the day, the DYP does not meet its burden to convince the court that the child is a victim of any kind of sexual abuse. [ 17 ] However, the child is exposed to conflicts opposing her parents. She witnesses their outbursts. That situation still preoccupies the court. Indeed, it is not clear from the parents’ testimonies if they put an end to their relationship.

The child is therefore submitted to psychological ill-treatment. [ 18 ] What are the appropriate protective measures to put in place? [ 19 ] Until the hearing, the father does not discuss with the youth protection delegate. We lack information about his way of life. He wishes to have shared custody of the child but acknowledges it may take some more time to reach that goal. [ 20 ] However, the father states the situation does not require that his contact with the child take place under supervision.

He is right. [ 21 ] Given the fact that there was no sexual abuse, the evidence does not support the recommendation that contact between the child and the father be supervised. [ 22 ] The child will remain with her mother, but contact with the father should not be restrained. The child’s best interest is to have as much contact as possible with both parents. [ 23 ] The parents have to work on their personal issues and notably get involved in anger management counselling. [ 24 ] In the past, the mother showed her ability and willingness to work with professionals, in the best interest of her children.

The court is confident she will still do so. WHEREFORE, THE COURT: [ 25 ] GRANTS the application for protection; [ 26 ] DECLARES that the security and development of X are in danger according to

section 38c) of the youth protection act ; [ 27 ] ORDERS that the child be entrusted to her mother until April 30, 2020; [ 28 ] ORDERS that contacts between the child and her father be determined by the agreement between the parties; [ 29 ] RECOMMENDS that the parents actively participate in psychosocial counselling and anger management counselling to help deal with their personal issues; [ 30 ] ORDERS that the parents actively participate to the application of the ordered measures; [ 31 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until April 30, 2020; [ 32 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures; [ 33 ] ORDERS the parties to conform themselves to the present order.

__________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother Mr. B the father Date of hearing: September 6, 2019