2022 QCCQ 11705, 2022 QCCQ 11705

Protection de la jeunesse — 226837 2022 QCCQ 11705 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002665-211 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2019 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of

section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has applied for the extension of a decision under s. 38 of the Youth Protection Act [1] rendered on September 2, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At the time, she declared that the security and development of X, born on [...], 2019, were in danger under s. 38 (e)(2) – serious risk of physical abuse caused by the father’s dangerous behaviour – and under s. 38 (c) – psychological ill-treatment for exposure to domestic violence caused by the father. [ 2 ] At the hearing, the child was not present, but he was represented by counsel. The parents had been notified, but they were neither present nor represented by counsel. Facts: [ 3 ] X is a two-year-old child.

In 2020, the child had a second-degree burn on both of his legs after the mother put him in the bath while the water was still hot. [ 4 ] He was entrusted to a foster family outside his community after the Court’s decision on September 2, 2021. He is fostered in a non-Aboriginal family in southern Quebec. The child needed surgery and has since had strict medical follow-up. This was one of the main reasons to foster the child outside Nunavik. The child’s health stabilized, but he did not have any physical contact with his family or his community.

He has had phone calls with his siblings and his father once a week. [ 5 ] The mother has had no contact with the child after the placement. In March 2022, she refused to travel down south to visit X. She asked for videocalls on Fridays, but she attended only one videocall. [ 6 ] The mother still displays personal and alcohol consumption issues. She has not cooperated with Youth Protection since March 2022, and she has not taken any steps with social services or any other available services to address her issues.

The mother’s house is known in the community to be an environment where people consume alcohol. [ 7 ] On or about February 23, 2022, the mother called Youth Protection while she was intoxicated in the presence of the child’s sibling, Y, who was placed back with his foster family. [ 8 ] On or about March 3, 2022, the police had to intervene as the mother was physically abusive towards the child’s sibling, Y. On that occasion, Y had called the police, stating that the mother had beaten him up. He was holding his ribs, crying in pain. The mother is subject to criminal conditions not to be in contact with him.

[ 9 ] Following that event, the mother said she did not want to be a part of the child’s life. She moved to Town A at the end of May 2022. [ 10 ] The father was incarcerated for most of the duration of the last measures due to an incident of conjugal violence against the mother. Since the last Court hearing, the father’s situation has improved. [ 11 ] On or about September 7, 2022, the father came back to the community after completing his sobriety therapy at [organism A], and he now has conditions not to be in contact with the mother.

The father is cooperating well with Youth Protection. [ 12 ] The father has contact with the child. He needs to find a house before he can have his child back. He is taking an active

part in the life of his older children. It is in the plan to reintegrate X with his father. [ 13 ] Since the last Court hearing, the child has been under the care of a foster family, and he is doing well. The father has made positive steps to get the child back under his care. Nevertheless, the father’s situation is fragile, and he needs the support of Youth Protection to provide a safe environment for the child. [ 14 ] The child’s counsel believes that the extension of the measures suggested by the Director of Youth Protection are in his young client’s interest.

Measures: [ 15 ] The child’s counsel does not challenge the measures requested by the Director of Youth Protection to place the child in a foster family until May 31, 2023. [ 16 ] Since January 1, 2020, a new federal law has applied: An Act respecting First Nations, Inuit and Metis children, youth and families . [2] It imposes minimal guarantees to protect Inuit children and their families from assimilation. This Act applies in the case of X. [ 17 ] When an Inuk child is placed outside his or her community, an “Indigenous governing body” must be notified.

According to s. 12 of the Act , they have the right to make representations under s. 13(

b) thereof [3] and under s. 131.8 of the Youth Protection Act . [4] [ 18 ] Considering the age of the child, it is very important to his best interests to have a “cultural connection plan” to protect his language and culture, pursuant to s. 17 of An Act respecting First Nations, Inuit and Metis children, youth and families . [5] [ 19 ] Since 2020, the child has been placed outside his community and far away from his parents. The mother has not had any physical contact with her son since then. This file should be reviewed periodically.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application IN PART ; [ 21 ] EXTENDS the decision rendered on September 2, 2021; [ 22 ] DECLARES that the security and development of X, born on [...], 2019, are still in danger; [ 23 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, in accordance with s. 16.1 of An Act respecting First Nations, Inuit and Métis children, youth and families , [6] and s. 131.5 of the Youth Protection Act ; [7] [ 24 ] ORDERS that the Director of Youth Protection establish a “cultural connection plan” to protect the child’s language and culture; [ 25 ] ORDERS that the child be gradually reintegrated into the father’s care as soon as the situation allows; [ 26 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 27 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 28 ] RECOMMENDS that the parents seek help through social services for their alcohol, drug and personal issues; [ 29 ] ORDERS that the terms, frequency and degree of supervision of contact between the child and the parents be determined by the Director of Youth Protection; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 31 ] ORDERS that the Director of Youth Protection periodically review the child’s situation with a view to reintegrating him in his community; [ 32 ] ORDERS the execution of the present judgment by any peace officer; [ 33 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.

[ 34 ] THE WHOLE until 31 May, 2023. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the child Date of hearing: November 11, 2022