2022 QCCQ 8421, 2022 QCCQ 8421

Protection de la jeunesse — 22670 2022 QCCQ 8421 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-004183-214 DATE: February 1 st , 2022 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on [...], 2008 Adolescent and A B Parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 ] The Court is seized of a motion under

section 38 of the Youth Protection Act , whereby the Director of Youth Protection (the Director) alleges that the security or development of the adolescent is endangered as a result of physical abuse (by both parents) as well as psychological ill-treatment by the father. [ 2 ] The Director initially recommends that the adolescent be entrusted to a foster family for a period of six months, that contacts with her father be supervised and that contacts with her mother be determined by agreement or else supervised.

The Director further recommends that the adolescent receive certain health care and services and that the father participate in a follow-up for anger management; the whole for a period of nine months. [ 3 ] When the hearing begins on July 2 nd , 2021, the father denies all motives but agrees for his daughter to be entrusted to a foster family. The mother, on the other hand, asks for her daughter be returned under her care.

As for the adolescent, she agrees with the recommended measures and wishes to remain with the foster family where she was entrusted during the proceedings. [ 4 ] During her testimony on July 2 nd , 2021, the adolescent not provides her version of events regarding the alleged physical abuse and psychological ill-treatment, but also unexpectedly reveals having been sexually abused by her father and both her brothers. This would have happened on multiple occasions, as recently as last year.

The adolescent is in tears and refuses to discuss the matter further. [ 5 ] The hearing is postponed in order to allow the Director to complement her evaluation, more specifically as it relates to the adolescent’s new revelations. [ 6 ] When the hearing resumes on January 18 th , 2022, the Director produces a complementary report, which concludes that the

adolescent made false allegations not only regarding the sexual abuse, but also with regards to physical abuse by the mother . The Director maintains the grounds of physical abuse and psychological ill-treatment by the father and now recommends that the adolescent be entrusted to her mother along with the other recommended measures, albeit for a period of six months. [ 7 ] The adolescent admits she lied about the sexual abuse and about her mother physically abusing her. She maintains her version of events regarding the physical abuse and psychological ill-treatment by the father.

She agrees with the revised recommendations and wishes to be allowed to return under her mother’s care immediately. [ 8 ] The mother admits the physical abuse by the father but denies having herself used physical discipline. As to the father, he rejects all motives and asks that the motion be rejected. Should the Court decide otherwise, he agrees to see his daughter under supervision but refuses to receive services concerning the management of his emotions. ISSUES IN DISPUTE [ 9 ] The first issue to be settled by this Court is whether the security or development of the adolescent is endangered and if so why.

More specifically, is the evidence conclusive that the adolescent is subjected to physical abuse – if so by whom – and/or to behavior amounting to psychological ill-treatment by the father? [ 10 ] In the event that the Court concludes that the adolescent’s security or development is indeed endangered, the second issue to be settled relates to the measures required to put an end to the situation and to ensure that it does not happen again. [ 11 ] As the case may be, all agree that the adolescent should be returned under her mother’s care and that contacts between father and daughter should be supervised.

The only disputed measure therefore relates to whether the father should receive services to improve how he manages his emotions. ANALYSIS [ 12 ] The family originates from [Country A] and immigrated to Canada in 2019 after spending some time in [Country B]. Although the adolescent’s birth certificate is missing and said to be irretrievable, her date of birth and parental filiation are recognized by all. [ 13 ] The parents separate in March 2021. Shortly thereafter, the adolescent is entrusted to a foster family during the proceedings. 1.

Physical abuse by the father [ 14 ] During her testimony on July 2 nd , 2021, the adolescent mentions that he father beats her up if she doesn’t do as he asks, adding that he will use a belt or his hands while screaming at her. “It happened a 100 times”, she says, claiming to remember them all. On one occasion, he would have thrown her down the stairs. [ 15 ] The adolescent’s false allegations in relation to sexual abuse and physical abuse by the mother affect her credibility.

She has a thirst for freedom and she is evidently willing to lie in order to have her way. [ 16 ] However, there is one particular incident of physical abuse recalled by the adolescent which is confirmed by the mother. More specifically, the mother confirms the adolescent’s claim that the father caught her by the throat and pushed her against the wall in November 2021. According to the mother, the adolescent ignored the father’s requests for silence three days in a row. On the third day, the adolescent was in the kitchen while the father was in the living room.

They met halfway and that is when the father caught her by the neck and refuses to let go. The mother intervened and is afraid of what might have happened has she not done so. [ 17 ] According to the social worker, the father admitted to this incident during a meeting in September 2021. The father denies having made any such admission. He says he daughter is very difficult, but he only concerns himself with she eats or wears. The discipline, he says, is strictly the responsibility of the mother and he only intervenes if she asks him to.

He denies any aggressive or violent behaviour on his part. [ 18 ] Contrary to the mother’s, the father’s testimony is anything but convincing. The evidence is conclusive that he used physical violence when disciplining his daughter in November 2021. While it’s unclear exactly how often the adolescent was subject to such physical abuse, the incident is severe enough to jeopardize her security and development. [ 19 ] As to the mother, there is no conclusive evidence of physical abuse on her part. While the adolescent initially claimed to have been hit by her mother, she now admits that such claims were false. 2.

Psychological ill-treatment by the father [ 20 ] According to the adolescent, the father yells at her and calls her a “bitch” and a “slut”. The father would also exert excessive control in that he does not allow her to go anywhere or do anything. [ 21 ] Again, the father denies any wrongdoing including any controlling or degrading behaviour. However, the picture he paints of the ambiance at home is at odds with the rest of the evidence. [ 22 ] Indeed, the mother describes the ambience as “suffocating” because of the father’s frequent bursts of anger. She confirms that he often screams and uses insulting language.

During the November 2021 incident, the father also told the adolescent that he did not wish to see her anymore and that she was no longer welcomed in the house. [ 23 ] On the balance of probabilities, the evidence is sufficient to conclude that the adolescent was seriously or repeatedly subjected to harmful and degrading behaviour on the part of the father.

3. Appropriate protection measures [ 24 ] The current situation is taking its toll on the adolescent. On December 26 th , 2021, she cut both her wrists and was admitted to the hospital where she remained for two days because of suicidal thoughts. Since then, she has been asking to see a psychologist and to return to her mother’s. [ 25 ] Everyone agrees that the situation calls for the adolescent’s return under her mother’s care.

She has now been entrusted to a foster family for ten months, the parents are no longer together, the mother has good parental abilities and the supervised visits are going well. [ 26 ] The adolescent pleaded with the Court to allow her to return to her mother while the case was under deliberation. Given everyone’s consent, the undersigned granted that request. [ 27 ] There have been very few contacts between the adolescent and her father since the Director became involved in the spring of March 2021. Indeed, until recently, the adolescent refused to see him or even talk to him.

However, she recently showed up at his door unannounced, accompanied by her brothers and sister. While it is hoped that father and daughter can bridge their differences and rebuild their relationship, all agree that supervision is required for the time being. [ 28 ] As to the father receiving services to help him better manage his emotions, this is necessary in order to ensure that the adolescent is not subjected to further outbursts of violence or degrading behaviour.

Hopefully the father will see the benefits that such assistance can provide. [ 29 ] THEREFORE THE COURT : [ 30 ] GRANTS the motion; [ 31 ] DECLARES that the security and the development of the adolescent are endangered as a result of physical abuse and psychological ill-treatment by the father; [ 32 ] ORDERS the implementation of the following protection measures for a period of 6 months:

a) That that the adolescent be entrusted to the mother;

b) That a person authorised by the Director of Youth Protection A Integrated Health and Social Services Center provide aid, counsel and assistance to the adolescent and her family;

c) That the contacts between the adolescent and her father be supervised and determined by agreement between all parties as to the other modalities;

d) That the parents and the adolescent collaborate with the social practitioner in the elaboration and implementation of the intervention plan; [ 33 ] RECOMMENDS that the adolescent receive the health care and services required, including in the form of counselling; [ 34 ] RECOMMENDS that the father participate in a follow-up to improve his anger management; [ 35 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C.

M e Gabrielle Leblanc Counsel for the Director of Youth Protection M e Annie-Claude Pagé Counsel for the adolescent M e Noha Muhieddine Counsel for the mother M e Marc Doyon Counsel for the father Date of hearing: July 2 nd , 2021; January 18 th , 2022.