2022 QCCQ 533, 2022 QCCQ 533

Protection de la jeunesse — 22304 2022 QCCQ 533 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 145-51-000051-215 DATE: January 26, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X […] Child and A Mother and B Proposed Tutor and LE CURATEUR PUBLIC DU QUÉBEC Impleading party ______________________________________________________________________ JUDGMENT ON AN APPLICATION TO APPOINT A TUTOR ______________________________________________________________________ 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 (DYP) submits to the Court an application to appoint a tutor in respect of the child, pursuant to sections 70.1 and 75 of the Youth Protection Act . [ 2 ] At the hearing, only the proposed tutor is present. Documentary evidence is filed, notably a tutorship report. The latter also testifies. [ 3 ] The evidence reveals that the child is very well adapted in the proposed tutor’s family. He is part of the family as any other member.

He is fully integrated in it since he has been entrusted to B when he was only […] [1] . [ 4 ] The latter speaks highly of the child and with great joy. It is obvious when she described him that he is a nice and gentle little boy. She is prepared to assume the tutorship of the child. [ 5 ] The child does not know his mother, in fact the last time he saw her, it was 2 to 3 years ago. The mother was never consistent with her visitation with her child. She does not provide anything for him nor take care of his needs, nor his education.

The proposed tutor is able to manage the contact between the child and his mother. However, the mother is not involved in the child’s life. [ 6 ] The mother fails, in fact, to assume the care, maintenance or education of the child. [ 7 ] The child was already entrusted to B until majority [2] . Furthermore, the child as well as the proposed tutor do not require the support of the DYP. [ 8 ] Considering the evidence adduce; [ 9 ] Considering

section 207 of the Civil code of Québec ; [ 10 ] Considering that the application is well-founded in fact and in law; [ 11 ] Considering that it is in the best interest of X that B be appointed as his tutor. FOR ALL THESE REASONS, THE COURT:

[ 12 ] GRANTS the application to appoint a tutor; [ 13 ] DEFERS the tutorship of the child X to B; [ 14 ] ENTRUSTS the child X to B; [ 15 ] THE WHOLE without costs. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child A the mother (absent) B the tutor Le Curateur public du Québec impleading party (absent) Date of hearing: January 25, 2022