2020 QCCQ 4634, 2020 QCCQ 4634

Protection de la jeunesse — 203547 2020 QCCQ 4634 JN0409 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] «Youth Division» N° : 505-41-008805-170 DATE : May 25, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE THIERRY NADON, Q.C.J. [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on […], 2006 Child-defendant -and- A, Mother-defendant J U D G E M E N T

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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On September 9 th , 2019, the Court declared that the child’s security and development were still in danger and ordered measures. [ 2 ] The Director of Youth Protection (hereinafter the Applicant) applies for a partial revision of a Court decision. She alleges that the child’s security and development are still in danger.

Because of the unhealthy relationship between the child and her mother, the situation, according to the Applicant, requires a revision of two of the measures ordered, namely the contacts with her mother and with her siblings.

[ 3 ] The Court agrees, here is why. The Evidence, Admissions and Position of the Parties [ 4 ] The child and mother made admissions. The parties produced, by consent, reports. [ 5 ] The Applicant argues that the orders should be changed. She petitions to have the contacts between the child and the mother suspended. She also asks to strike the order permitting contacts between the child and her siblings. [ 6 ] The mother agrees with the Applicant. [ 7 ] The child disagrees.

Although she recognizes the toxicity of the mother’s messages and their relationship, she hopes that, in the future, the relationship will improve enabling her to be in contact with her mother. As for the siblings, she wishes to have a relationship with them and asks the Court to authorize such contact. [ 8 ] The father is not legally recognized. The Child’s Evolution [ 9 ] The child is fourteen years old. She is bright, mature and creative. She is entrusted to a foster home until majority. She is well taken care.

She trusts her foster parents and has their support. [ 10 ] The relationship with her mother has been difficult for a long time. In her messages, the mother insults, rejects and denigrates the child.

She blames the child for the situation they are in. [ 11 ] The Court will reluctantly quote some of the messages to show their sheer absurdity and abhorrent nature: “I wish my kids never knew you, never knew you existed”, “I should have aborted as soon as I found out I was pregnant with you”, “I wish you were dead so bad”, “you’re a waste of energy in my life”, and she even wrote that she would have preferred to stay with her ex-spouse who physically and sexually abused the child. When asked to stop by the Applicant, the mother refuses because she feels that “she must protect herself”.

She intentionally does not follow the Court orders. [ 12 ] The Court asks, how can a mother write such violent, rejecting, hurtful gibberish to her child? [ 13 ] Not surprisingly this has been harmful to the child. [ 14 ] Furthermore, the mother has indicated that she did not want to have any contact with the Applicant nor her daughter.

She wants to concentrate her efforts on raising her other children. [ 15 ] The psychologist who sees the child has voiced the opinion that a cessation of contact could help the child grieve the mother she never had nor will she ever have. [ 16 ] The child wishes that she could mend bridges and, in the future, have contact with her mother. Unfortunately, that is a lot to put on the shoulder of a fourteen year old whose mother acts so recklessly.

The Court wishes for the best and hopes that the mother will eventually come to her senses and stop the destructive behaviour she imposes on her child. [ 17 ] The question of contact with the siblings is also put in jeopardy because of the mother. The child’s siblings reside with the mother. For a period, the mother allowed the contacts. The child thoroughly enjoyed reconnecting with them. In February 2020, a conflict arose between the child and her grandmother who was designated as the third party who would be present for the contacts between the siblings.

This has caused the child to not see her siblings because the mother indicated that she no longer allowed the visits between the child and her siblings. [ 18 ] Thus, this is the impasse in which the child is. She wants to see her siblings, her mother does not want to and the siblings reside with her. This is quite unfortunate, to say the least, as the child would benefit from her desired relationship with her siblings. [ 19 ] The Court agrees with the Applicant that the contacts between the mother and the child undermine the child’s psychological integrity.

She needs to be protected. [ 20 ] The Court, after considering the whole of the evidence, the admissions and position of the parties concludes that it is in the interest of the child to partially revise the decision of September 9 th , 2019, and order the following measures.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the present application; [ 22 ] DECLARES that the security and development of the child X is still in danger; [ 23 ] STRIKES the order that read: “ ORDERS that the contacts between X and her mother be allowed upon agreement between the parties which also includes the terms, frequency and degree of supervision” and REPLACES it with the following order: SUSPENDS the contacts between the child X and her mother; [ 24 ] STRIKES the order that read: “ ORDERS that the frequency and modality of contacts between X and her siblings be upon agreement between the parties and take place minimally once a month, moving towards more as the situation evolves and at the grandmother’s, if she so agrees, and that she be present during these contacts to ensure that there is no negative discussion between X and her siblings.” and REPLACES it with the following recommendation: RECOMMENDS that the contacts between the child and her siblings be encouraged;

[ 25 ] All the other measures and the period remain. Signed on _______________ 2020 ________________________________ Thierry Nadon, J.C.Q. Mtre Simon Primeau-Laganière Attorney for the DYP Mtre Kathleen O’Meara Attorney for the Child Mtre Patrick Cormier Attorney for the mother Date of hearing : May 25th, 2020