2018 QCCQ 17578, 2018 QCCQ 17578

Protection de la jeunesse — 187832 2018 QCCQ 17578 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003197-181 DATE: September 27, 2018 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Adolescent and A B (deceased) In their capacity as 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 Director of Youth Protection alleges that the security and development of X, aged 17, are endangered for reasons of physical abuse at the hands of the father and the paternal grandmother. The Director is asking the Court that the adolescent be entrusted to his maternal grandfather, C until he turns 18 (July 18, 2019). [ 2 ] X is present and assisted by counsel. He admits all of the alleged facts and is in agreement with the proposed measures.

The father is also present and wishes to proceed without legal counsel. The father recognizes that there was a physical altercation between him, his son and the paternal grandmother, but denies having physically abused his son. The father was initially opposed to the proposed measures, but after meeting and discussing with the maternal grandfather, he says he is now in agreement. The mother is deceased. [ 3 ] The father-son relationship is difficult and confrontational.

The parents separated many years ago and there have been several conflicts between the two extended families in connection with cultural differences, with X being caught in the middle. These conflicts have endured over the years, including after the mother passed away (ten years ago). [ 4 ] X has been living with his father for the last ten years and has had little contact with his mother’s family over this period.

Over the course of the last year, thanks to social media, X has reconnected with some of his mother’s family members living on an Indigenous reserve and has expressed the wish to live with them. [ 5 ] This past July, a conflict escalated between X and his father in relation to the payment for summer school. X explained to the Court that his paternal grandmother intervened in the conflict and grabbed him by the neck. His father then pushed him and also grabbed him by the neck. X retreated to his room to avoid further conflict. Following this incident, X left home and has not gone back since.

He was entrusted to a foster family during the procedures. [ 6 ] X does not understand why his dad is not collaborating with the youth protection services and why he refuses to acknowledge and apologize for his actions. X is both upset and disappointed with his dad and does not want to see him at present. He wishes to be

entrusted to his maternal grandfather, C and to reconnect with his Indigenous background and culture. [ 7 ] Mr. C made the long trip to attend the Court hearing for his grandson, along with a representative of the Indigenous social services. Mr. C has prior experience with teenagers, including as a foster family on the reserve.

He is well aware that an adjustment period will be needed given that he hasn’t seen his grandson since the child’s mother died but he is committed to making things work. [ 8 ] Under the circumstances and in view of the testimonies heard the Court is convinced that the security and development of X are in danger as a result of physical abuse and that the measures recommended by the Director of Youth Protection are both in his interest and respectful of his rights. [ 9 ] THEREFORE THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the adolescent’s security and development are in danger; [ 12 ] ORDERS the following measures until July 18, 2019:

a) That X be entrusted to Mr. C, with the understanding that Mr. C will be evaluated as a kinship foster family and, should the evaluation be successful, orders that X be entrusted to the kinship foster family of Mr. C;

b) That the contacts between the adolescent and his father be according to an agreement between all parties; while respecting the adolescent’s wishes;

c) That X receive the care and services required by his condition (mental health, autonomy, job search, emotional management, family therapy, etc.) and recommends that he follow the recommendations of the professionals;

d) That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the adolescent and his family; [ 13 ] RECOMMENDS :

a) That the father receive the care and services required by his condition (management of his emotions, family therapy, etc.) and that he follow the recommendations of professionals; [ 14 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out; [ 15 ] ORDERS the persons concerned with the present order to act accordingly. Signed on October 4, 2018 __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Laura Normandin Counsel for the Director of Youth Protection Counsel for the adolescent A Father - Representing himself Date of hearing: September 27, 2018.