2011 QCCQ 17118, 2011 QCCQ 17118

Protection de la jeunesse — 115980 2011 QCCQ 17118 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” DATE: June 9, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : 640-41-001376-117 X 2003 […] ______________________________________________________________________

[SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the town A C.Y.P.C., province of Quebec, district A Applicant -and- A, domiciled and residing in town B, province of Quebec, district A Mother -and- B , domiciled and residing in town B, province of Quebec, district A Father -and- C (C) , domiciled and residing in town C, province of Quebec, district A Tutor -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEU-NESSE Respondent -and- LE CURATEUR PUBLIC DU QUÉBEC Mis-en-cause ______________________________________________________________________ JUDGMENT (Sections 70.1 & 75 Youth Protection Act and

section 207 C.c.q.) ______________________________________________________________________

[ 1 ] Mrs [social worker 1], delegate of the Youth Protection of the Ville A C.Y.P.C., asks the Court to appoint a tutor to the child X, born on […], 2003. [ 2 ] The paragraph 4 of the motion has been amended by the attorney for the Director of Youth Protection.

The reason for appointing a tutor for the child is now because her “father and mother both fail, in fact, to assume his (her) care, maintenance or education” (s. 207 C.c.q.) The Court has granted the amendment. [ 3 ] The child X, has been living with her maternal grandmother, D, and her husband, E, for 6 years. [ 4 ] On May 25 th , 2005, the child has been placed with her grandmother by the Director of Youth Protection. Since that date she lives with her. [ 5 ] Mrs [social worker 1] tells the Court that Mrs A takes excellent care of the child. The child is Inuk.

The grandparents are actively Inuit by teaching the child the Inuit traditions. [ 6 ] Mrs [social worker 1] has spoken to the child.

The child has told her that she’s very happy to stay with her grandparents and that she considers their house as her home. [ 7 ] The biological parents are not involved in the child’s life. [ 8 ] Mrs [social worker 1] tells the Court that she has explained to the biological parents and the grandmother all the legal implications of a tutorship. [ 9 ] The grandmother, Mrs A, tells the Court that she knows all the legal implications of a tutorship and that she’s ready and happy to continue to take care of the child. [ 10 ] The biological mother is absent because she is about to give birth.

Her attorney says that she agrees with the motion. [ 11 ] The father was served but he hasn’t attend the Court session. He has signed an affidavit in which he has said that was agreeing with the Director of Youth Protection’s motion for tutorship. [ 12 ] The Court is of the opinion that the motion is in the child’s best interest. [ 13 ] As established by the evidence the child is in one of the situations described in

section 207 of the Civil code. [ 14 ] Since her birth, the child lives with her grandmother, Mrs A. The parents have never been involved in the child’s life even if the grandmother tried to promote the contacts between them and the child. [ 15 ] FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] APPOINTS Mrs D, as tutor for the child, X, born on […], 2003; [ 18 ] ENTRUSTS the child X, to Mrs D; [ 19 ] ALLOWS contacts between the child and the biological parents; [ 20 ] ORDERS the execution for the present judgment notwithstanding appeal; [ 21 ] THE WHOLE without costs. __________________________________ JOSÉE BÉLANGER, J.C.Q. M e Stéphanie Lachance Attorney for the D.Y.P.

M e Yan Massé Attorney for the child M e Sarah Plamondon Attorney for the mother M e Jacques Stuart Attorney for the father Date of hearing: May 31, 2011