2022 QCCQ 14279, 2022 QCCQ 14279

Protection de la jeunesse — 229023 2022 QCCQ 14279 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002376-199 DATE: August 10, 2022 (written judgment rendered on October 3, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2007 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 of the 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, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on January 11, 2022, regarding the child X, born on [...], 2007. At that date, the Court declared the security and development still endangered, ordered that the youth remain with his father until he is able to be entrusted to his grandmother, Ms.

C, in Town A, the whole until August 31, 2022. [ 2 ] The DYP submits that the situation does not allow to return the youth with his parents and asks that X be entrusted to his maternal grandmother, Ms. C, until August 31, 2023. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures because she knows that her son’s desire to go with his grandmother. [ 4 ] Despite being dully notified with the application, the father is absent and not represented.

He refused to come at the court, but he mentioned to the DYP worker being in agreement with the measures because he is not in a position to take care of his son currently. The Court proceeds in his absence. [ 5 ] The youth is 15 years old. He is present and represented by Me Michaël Pereira. He recognizes that his security and development are still endangered. He agrees with the measures, but he would like to have more visits in Town B because he is missing his father. History of the Situation [ 6 ] The situation of the Ilisituk family is known from the DYP for a few years.

Indeed, the older sister is entrusted to a foster family until her majority because of the mother’s alcohol and drug consumption, and the parents’ violent conjugal relationship. The youth was also the object of different reports for physical abuse from a third party and his mother, and also for neglect. Those reports were mostly not founded until an event of physical abuse occurred in December 2015, from the mother’s part. [ 7 ] On March 17, 2016 , the Court was seized with X’s situation. He was 9 years old. The mother admitted having burned her son’s eyebrow because he wanted to smoke a cigarette.

She also recognized that she hit him sometimes to discipline him. She regretted and said that she will not use those methods again. The mother feels depressed and she could not count on the father to help her. The father understood the situation, said being ready to be more involved and willing to work with the mother and the DYP to offer a better structure to his son.

The Court declared that the security and development of the child were endangered [1] , entrusted him to a foster family, took note that he was at that time with his maternal grandfather and ordered he benefits from a psychological evaluation, the whole until October 31, 2016.

[ 8 ] On October 12, 2016 , the evidence revealed that the child remained with his grandfather, but frequently went to his parents’ place without authorization from the DYP. His behaviour at school improved, but he still had difficulty to socialize. His parents still had alcohol consumption issues. The mother expressed remorse to have used violence toward the child. The parents improved their collaboration with the DYP and with the school. The Court entrusted him to his parents and ordered specific health care services, including a psychological assessment and a follow-up if required.

The file was closed at the end of the measure. [ 9 ] On October 25, 2019 , the Court was seized with a provisional application requesting that he be entrusted to a rehabilitation centre. The Court granted this application. [ 10 ] On November 22, 2019 , the hearing under

section 38 YPA had to be postponed. The DYP required that X be entrusted to a rehabilitation centre despite the fact that since the last order he was not there because of a lack of places. The Court declared that the rights of the youth were encroached and entrusted him to a rehabilitation centre. [ 11 ] On May 22, 2020 , the Court rendered a decision under

section 38 after a few days of hearing. The evidence showed that on February 6, 2019, the situation of X was reported again to the DYP because of a situation of physical abuse from the father who totally denied it. When X was met by the DYP he confirmed the event, but refused to give any details and he did not testify about that. The parents still displays alcohol consumption issues. The father was working very hard and was not implicated in the life of his children. The mother, on her side, was tired of being alone to take care of the children.

The parents get separated in September 2019. [ 12 ] X was not going to school since the beginning of the 2018-2019 school year, and he did not succeed the previous one. The school did not notify the DYP about that. This non-attendance would be due to X’s fear to go to school following a serious event of bullying. He had been beaten up by other youths and had to be medevaced to Town E because of the seriousness of his injuries. The Social Services would have informed the DYP, but the DYP has no information about such report.

The parents wanted their child to go to school, but understood his fear and despite asking for help, they never received any support. [ 13 ] X is also known for serious behavioural issues. Since December 2017 (he was 10 years old), the police had to intervene with him. The DYP was never informed about such interventions. Interventions were also required because he got intoxicated after having sniffing gasoline. He also displayed suicidal ideation, and in October 2019, he had to be entrusted to a rehabilitation centre for his safety on immediate protective measures.

The youth finds a way to run away from the door which was not working properly. [ 14 ] In October 2019, a placement was ordered on provisional measures which was never applied due to a lack of places. In November 2019, X committed new criminal infractions and the DYP requested again a placement on provisional measures (the one mentioned in paragraph 10). He finally got a place on December 23, 2019, at the [Centre A]. This is an open unit and X did not respect the rules and was outside most of the time, to the point that he had to ask for money to be able to eat.

The DYP knows that during his runaways, he put himself at risk. The DYP justified the placement in Town F because the youth only speaks Inuktitut and the other rehabilitation centres do not provide services in Inuktitut. [ 15 ] The psychological evaluation ordered by the Court in March, and in October 2016 was never performed. The DYP herself recognized that the file was not supposed to be closed without such psychological evaluation done. [ 16 ] Considering that this hearing took a long time for various reasons, the Court had the opportunity to see the positive evolution in the situation of the parents.

First, they get separated and that helped a lot to reduce the impact of the toxic conjugal relationship on the children. During the pandemic, the mother stopped working and she became more available and demonstrated a lot of interest for her children’s well-being. The mother stopped drinking and improved her collaboration with the DYP workers. She is open to receive services, to apply the strategies and she is taking good care of her 2 youngest children reintegrated under her care when the pandemic started. [ 17 ] The Court declared that the security and development of the youth were endangered [2] .

The Court also declared that the rights of the youth were wronged and blamed the DYP. The Court entrusted X to a rehabilitation centre and to his mother starting on December 18, 2020. The Court ordered that he attend school, that he receive health services, a drug addiction assessment and a follow-up if required, a psychological evaluation, and the recommendations to be followed and also different measures to facilitate integration at school and his schooling, the whole until December 31, 2021. [ 18 ] On January 11, 2022 , the Court revised the situation.

In December 2020, X came back living with his mother as ordered. Despite serious measures to ensure his schooling, after a few months, his attendance reduced. He justified that by the facts that he was bullied and he was tired of being behind in his academics. In January 2021, X was assessed by Dr. Beltempo, a psychologist. In March 2021, the mother adopted a newborn baby. X was very caring with this child. In April 2021, the mother raised concerns about the fact that X was not respecting the rules at home.

Intensive support was provided. [ 19 ] In June 2021, the youth was the victim of physical abuse from his mother’s part who admitted some of the facts. Since that time, X was entrusted under his father’s care. The father is still working a lot, but can count on the support of the maternal aunt to supervised X. The father practise a lot of traditional activities with X, and both appreciate those moments. Even if his behavioural issues remain present, those issues seem to be less severe. X appeared to be more structured and more mature.

He would like to be able to go to school part time and to work part time with his father at the municipality. In September, X displayed suicidal ideation. X mentioned that it became more and more difficult to live at his father’s place due to the bad relation he has with his father’s girlfriend. X decided by himself to spend his time at his maternal aunt’s, Ms. D, but he continues to practise activities with his father.

X disclosed having a lot of difficulties to live in Town B and to be surrounded by his peers who bully him, who have a bad influence on him and to be surrounded by family members having alcohol consumption issues. He said being tired of such way of life and express the desire to go live with his maternal grandmother in Town C, to have a new start. Everybody agreed with such plan, but it took time to be put in place due to the travelling restrictions between Town A and Town D. During that time, X was injured while he was playing with other youths. He felt and hit his head on a rock.

He was medevaced to Town E and for a while, there was a risk that he would lose his sight. Luckily, the situation improved, but he still requires a follow-up and it is the reason why he did not attend the hearing. [ 20 ] The Court entrusted the youth to his father until he is entrusted to his maternal grandmother in Town C. The Court ordered

different measures to facilitate his travelling to Town C, the whole until August 31, 2022. Facts [ 21 ] As it had been ordered, X was able to travel to Town A, but this trip was delayed due to the Covid-19 restrictions, the difficulty to find and escort respecting those Covid-19 restrictions and also the fact that X had an ongoing follow-up in Town E for his eyes.

It was important for X to be able to complete his medical follow-up in Town E before moving to another province. [ 22 ] Before the travelling, X had displays some behavioural issues in Town B which had required the police and Social Services interventions. He also refused to attend school in Town B despite the numerous DYP worker’s interventions. [ 23 ] The mother situation did not change since the last decision. She was released from detention, but she ended in detention again a few days later due to her alcohol consumption. The police force intervene 6 times for such reason.

The mother is still detained as preventive custody. The mother fully acknowledges her alcohol consumption issues and the impact on her children. [ 24 ] On his side, the father was able to improve his collaboration with the DYP and he was always present when a difficulty occurred with X. Unfortunately, his conjugal relationship that was described as positive in the past became conflictual and some events of conjugal violence occurred. [ 25 ] On June 17, 2022, X arrived finally at his maternal grandmother’s place.

He adapted well to his new environment and he is doing very well according to his grandmother who testified at the hearing. As some relatives from the paternal side of the family live in Cape Dorset, he is able to maintain regular contact with both sides of his family. [ 26 ] The DYP is looking to organize contacts between X and his family in Town B because it is in his best interest and desire. Unfortunately, this is quite difficult because there is only one flight per week going to Town B and also only one going to Town C.

Doing so, it requires to find an escort available for at least one week, knowing that the flight could be cancelled due to bad weather, and also, the school

schedule has to be considered. [ 27 ] The father does not want to go to Town C to have visits even if his family resides there. Video calls could take place, but the father does not have internet connection at home and he has to go to the DYP office for those contacts. [ 28 ] The maternal grandmother and the DYP took steps to register X at school. X confirms to the Court that he will attend school regularly. The grandmother was not aware about the school attendance issues, and the bullying X had been the victim of.

She appeared to be concerned and commit to keep a very close eye on the situation. [ 29 ] At the day of the hearing, the school in Salluit was still closed for the summer, but the DYP worker commit to communicate with the school principal as soon as it is open to make sure that all the information is properly transferred to the school in Town C. [ 30 ] The maternal grandmother also commits to continue the medical follow-up for X’s eyes. She is available to go in Town E or in Ottawa as often as it will be required.

She mentioned that she prefer to go by herself instead of asking for an escort to go with X because she would like to be sure that she receive the right information. Analysis [ 31 ] Since a long time, X is asking to live in Town A with his maternal grandmother. Finally, he is in Town A. It had been long and difficult because of various difficulties. [ 32 ] The evidence shows that he was true to ask for such moving. He is very well with his maternal grandmother. He is very well taken care.

The maternal grandmother has all the capacity to fulfill all his needs. [ 33 ] Now being in Town A, he misses his father, which is normal. He is close to him, and he likes practising traditional activities with him.

But the placement requested by the DYP is in his best interest. [ 34 ] The visits with the father are difficult to organize, but knowing that both sides of the family are living in Town A and in Town B, the Court is confident that a family council could help to find a solution for this issue. [ 35 ] The school will start very soon, and considering the past schooling issues, a very close monitoring is required in this situation.

X has the chance to have a new start in another province, so the Court wants that this new start will be for the best in all the spheres of his life. [ 36 ] The Court will order the DYP to take all the steps to obtain a medical card from the Town A for X to avoid any delay when medical service is required. FOR THOSE REASONS, THE COURT: [ 37 ] GRANTS the application; [ 38 ] DECLARES that the security and development of the youth X, born on [...], 2007, are still endangered; [ 39 ] ENTRUSTS the youth to his maternal grandmother, Mrs.

C; [ 40 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection;

[ 41 ] ORDERS the Director of Youth Protection to organize a family council to find a solution to facilitate the travelling between the Town A and Town B; [ 42 ] ORDERS that the youth and the parents take an active

part in the application of the measures ordered by the Court; [ 43 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 44 ] ORDERS the Director of Youth Protection to obtain and to maintain a collaboration with the Youth Protection Services in Town A; [ 45 ] ORDERS the Director of Youth Protection to make sure that: - the youth is registered at school properly for the 2022-2023 school year; - the transfer of the schooling file is done properly between the school of Town B and the school of Town C; - the youth receive all the required services at school; [ 46 ] ORDERS the Director of Youth Protection to assist the maternal grandmother to obtain a medical card from Town A Government for the youth, to avoid any delay if he requires medical services in Town A; [ 47 ] ORDERS the Director of Youth Protection to make sure that a copy of the youth’s medical file is properly transferred in Town C in a timely manner; [ 48 ] AUTHORIZES the Director of Youth Protection to file an application to obtain a social insurance number for X; [ 49 ] WITHDRAWS the exercise of the attributes of parental authority from the parents, namely regarding health, school, extracurricular activities, travelling and passport and GRANTS those attributes to the maternal grandmother, Ms.

C; [ 50 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 51 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 52 ] THE WHOLE until August 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: August 10, 2022